Johnson Sr. v. Frain et al
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|Date Filed||#||Document Text|
|March 29, 2017
MEMORANDUM Order: Because this Court's recent memorandum order (the "Order," issued on March 24) identified Stateville Correctional Center ("Stateville") inmate Allen Johnson Sr. ("Johnson") as "the unusual (al most unique) pro se prisoner plaintiff who has actually paid the $400 filing fee up front," the Order addressed a Clerk's-Office-supplied form that Johnson had filed contemporaneously with his Complaint: a Motion for Attorney Represent ation ("Motion"). In that respect, to enable Johnson to pursue the Motion, the Order directed that he be sent copies of another Clerk's-Office-supplied form -- an In Forma Pauperis Application ("Application") -- whose comple tion would enable this Court to determine whether Johnson had demonstrated a financial condition that would qualify him for obtaining the legal services of a member of this District Court's trial bar. There is however one other aspect of Johnson 's perhaps unique status that requires attention. Because he has not qualified for the special form of in forma pauperis ("IFP") status available to prisoner plaintiffs under 28 U.S.C. § 1915 ("Section 1915") as the resu lt of his payment of the full filing fee, he is not in a position to invoke the provision of Section 1915(d)that obligates "officers of the court" (meaning the United States Marshals Service) to serve process on his targeted defendants. Th at should not however pose any difficulty for him, because the Rules of Civil Procedure (in this instance Fed. R. Civ. P. 4(c)(2)) permit "[a]ny person who is at least 18 years old and not a party" to serve the summons and Complaint. That m eans that Johnson can authorize anyone who fits that undemanding description to do so. Needless to say, Johnson is also free to pursue his effort to obtain representation by counsel in the manner specified in the Order and, if he is successful in that respect, to request the designated counsel to take care of the service of process on the named defendants. This Court will await an appropriate communication by Johnson. Signed by the Honorable Milton I. Shadur on 3/29/2017:Mailed notice(clw, )
|March 24, 2017
MEMORANDUM Order For the reasons stated in this memorandum order, this Court is contemporaneously transmitting to Johnson, together with a copy of this memorandum order three unfilled-out copies of the Clerk's-Office-supplied In Forma Pauperis A pplication. Johnson should complete that form and transmit two counterparts to the Court, one addressed to the Clerk's Office for filing and the other to this Court as its Judge's Copy. Signed by the Honorable Milton I. Shadur on 3/24/2017:Mailed notice(clw, )
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