Lyons v. Kijakazi ( 2020 )

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEBRASKA CAMERON LYONS, 8:20CV440 Plaintiff, ORDER vs. ANDREW SAUL, Acting Commissioner of Social Security Administration; Defendant. Plaintiff has filed an application to proceed with this litigation without prepaying fees or costs. (Filing 2.) The affidavit Plaintiff submitted demonstrates Plaintiff’s eligibility to proceed in forma pauperis under 28 U.S.C. § 1915(a). IT IS THEREFORE ORDERED: 1. Plaintiff’s application (Filing 2) is granted, and the Complaint shall be filed without payment of fees; 2. The Clerk of the Court shall send a copy of this Order together with three summons forms and three USM-285 forms to Plaintiff for service of process on Defendant; and 3. Plaintiff shall, as soon as possible, complete the USM-285 forms and the summons forms and return them to the Clerk of the Court. The Clerk of the Court will sign the summons forms, to be forwarded with a copy of Plaintiff’s Complaint to the U.S. Marshals Service for service of process. The Clerk of the Court will copy the Complaint; Plaintiff need not do so. The Marshal shall serve the summons and the Complaint without payment of costs or fees.! Dated this 22nd day of October, 2020. BY THE COURT: fiuchirdk F Ac YH Richard G. Kopf Senior United States District Judge ' Pro se litigants proceeding in forma pauperis are entitled to rely on service by the United States Marshals Service. Wright v. First Student, Inc., 710 F.3d 782, 783 (8th Cir. 2013). Pursuant to 28 U.S.C. § 1915(d), in an in forma pauperis case, “It|he officers of the court shall issue and serve all process, and perform all duties in such cases.” See Moore v. Jackson, 123 F.3d 1082, 1085 (8th Cir. 1997) (language in § 1915(d) is compulsory).