PLEASE NOTE: Submitting this document to the Court does not mean that payment of the filing fee is deferred. A plaintiff proceeding in forma pauperis may also be subject to any fines, sanctions, court costs, or attorney’s fees that may be ordered by the Court.
Local Civil Rule 54.7 provides:
In all actions in which the fees of the marshal and the clerk are not required by law to be paid in advance and in which a seaman or party proceeding in forma pauperis prevails, either by judgment or settlement, all fees of the marshal and clerk must be paid before dismissal or satisfaction of judgment may be filed, unless otherwise ordered by the court. Counsel handling the payment of any settlement must confirm that all fees are paid, whether or not any dismissal or satisfaction of judgment entry is applied for. [Amended February 1, 2011].
When using this form, please make sure you have completed the following prior to submitting it to the Court:
- List all named defendants in the case caption at the top of the form.
- Respond to all questions within the form (no section should be left blank).
- Sign the document with a “wet” (handwritten) signature and date. (Typed and/or electronically signed documents are not permitted.)
Rule 4(c)(3) states that at the plaintiff’s request, the court “may order that service be made by a United States Marshal or deputy marshal or by a person specially appointed by the court. The court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915.”
Rule 4(m) states that “If a defendant is not served within 90 days after the complaint is filed, the court – on motion or on its own after notice to the plaintiff – must dismiss the action without prejudice against that defendant or order that service be made within a specified time. But if the plaintiff shows good cause for the failure, the court must extend time for service for an appropriate period.”
If you wish to have the U.S. Marshal attempt to effect service of your summons and complaint, you are responsible for providing a completed Addendum to the Application to Proceed without Prepaying Fees or Costs, indicating that you are requesting that service be made by the U.S. Marshal along with a completed summons and USM-285 form with an accurate, physical, service address for each named defendant in your civil complaint. If you are unable to provide an accurate, physical, service address for each named defendant in your civil complaint, the U.S. Marshal will be unable to execute service upon the defendant. Service cannot be made on a defendant at a P.O. Box.