Arminana v. Lee County, Florida Board of County Commissioners

United States District Court for the Middle District of Florida

Arminana v. Lee County, Florida Board of County Commissioners

Trial Court Opinion

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA FORT MYERS DIVISION

SANTIAGO M. ARMINANA,

Plaintiff,

v. Case No. 2:21-cv-17-JES-NPM

LEE COUNTY, FLORIDA BOARD OF COUNTY COMMISSIONERS,

Defendant.

ORDER Before the Court is Santiago M. Arminana’s Affidavit of Indigency (Doc. 2) and Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 3). The Court has carefully reviewed the Affidavit (Doc. 2) and the Application (Doc. 3) pursuant to

28 U.S.C. § 1915

and finds Plaintiff qualifies to proceed in forma pauperis, which is without prepayment of fees.1 IT IS HEREBY ORDERED: 1) The Affidavit of Indigency (Doc. 2) and Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. 3) are GRANTED.

1 This statute section governs in forma pauperis actions instituted by prisoners, but has been interpreted to apply to all litigants requesting leave to proceed in forma pauperis. Martinez v. Kristi Kleaners, Inc.,

364 F.3d 1305

, 1306 n.1 (11th Cir. 2004). 2) The Clerk of Court is directed to file all pleadings in this action without

prepayment of fees or costs. 3) The Clerk of Court is directed to provide Plaintiff with one set of the following service forms: Notice of Lawsuit and Request for Waiver of Service of Summonses, Waiver of Service of Summonses, Summonses, and U.S. Marshals Form 285. 4) Plaintiff shall have THIRTY (30) DAYS from the date of this Order to

prepare and forward the completed service documents along with sufficient copies of the Complaint to the Clerk for service by the United States Marshals Service. Upon receipt of appropriate instructions in proper form from the Clerk, the United States Marshals Service is directed to effect service of process without prepayment of fees or costs. 5) Failure to provide these documents within the time period ordered above will cause the Court to recommend this action be dismissed. DONE and ORDERED in Fort Myers, Florida on January 25, 2021.

Lida E La ell. NICHOLAS P. MIZEL UNITED STATES MAGISTRATE JUDGE

Reference

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