Cunningham v. Carnival Cruise Line-Carnival Venezia

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA Case No. 24-cv-23143-BLOOM/Elfenbein MAURICE D. CUNNINGHAM, Plaintiff, v. CARNIVAL CRUISE LINE, Defendant. _______________________________/ ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS 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 Cedarwood Drive Cedar Hill, TX 75104 816-267-0672 Email: [email protected] PRO SE