CUNNINGHAM
v.
CARNIVAL CRUISE LINE-CARNIVAL VENEZIA
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The court granted a pro se plaintiff's motion to proceed in forma pauperis (IFP) in a civil action against Carnival Cruise Line, finding him indigent based on his representations of unemployment, no assets, and pending disability application.
The court granted plaintiff's motion to proceed in forma pauperis, determining he is unable to pay the court filing fee and therefore meets the requirements of 28 U.S.C. § 1915. The court ordered the Clerk to direct the U.S. Marshal to serve the complaint and summons on defendant.
[1] A court must order that service of process be made by a United States marshal or other specially appointed person if the plaintiff is authorized to proceed in forma paupe…
[2] A plaintiff seeking to proceed in forma pauperis must demonstrate an inability to pay court filing fees.
Previewing 2 of 3 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“When a court grants a litigant leave to proceed IFP, the officers of the court must 'issue and serve all process.'”
Establishes the court's obligation to direct service by U.S. Marshal when plaintiff is granted in forma pauperis status.
Previewing 1 of 2 key quotes on this case — the court’s exact language, pinpointed for members.
Join FLexlaw to unlock all legal intelligencePlaintiff Maurice D. Cunningham filed a motion seeking to proceed without prepaying court fees. He represented that he earns no wages, has no savings …
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THIS CAUSE is before the Court upon Plaintiff Maurice D. Cunningham's (“Plaintiff”) Application to Proceed in District Court without Prepaying Fees or Costs (“Motion”), ECF No. [3]. The Motion represents that Plaintiff earns no wages, has no savings or money in any checking account or other bank account, nor assets. Id. Plaintiff represents that due to his injuries he has not been able to work since June 2023, has filed for disability, and is awaiting a hearing which is due to occur in October 2024. Id. at 6.
Upon review of the record, the Court determines that Plaintiff is unable to pay the court filing fee, as required for indigent status under 28 U.S.C. § 1915. “When a court grants a litigant leave to proceed IFP, the officers of the court must ‘issue and serve all process.” Richardson v. Johnson, 598 F. 3d 734, 738 (11th Cir. 2010); Fed. R. Civ. P. 4(c)(3) (“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[.]”). Plaintiff filed the necessary proposed summons. See ECF No. [1-2].
Case No. 24-cv-23143-BLOOM/Elfenbein
Accordingly, it is ORDERED AND ADJUDGED that the Motion, ECF No. [3], is GRANTED. The Clerk of Court is DIRECTED to transmit a copy of this Order to the Office of the United States Marshal, which shall undertake to SERVE the Complaint and the summons on Defendant.
DONE AND ORDERED in Chambers at Miami, Florida, on August 19, 2024.
BETH BLOOM UNITED STATES DISTRICT JUDGE
Copies to: Counsel of Record Maurice D. Cunningham 738 Cedarwood Drive Cedar Hill, TX 75104 816-267-0672 Email: [email protected] PRO SE
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