UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS

ELAINE MONTGOMERY.,

Plaintiff,

v. Case No. 3:22-cv-01579-JPG

PHH MORTGAGE CORPORATION, NEWREZ, LLC, and NEW RESIDENTIAL MORTAGE, LLC.

Defendants.

MEMORANDUM AND ORDER

A federal court may permit an indigent party to proceed without pre-payment of fees.

(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious or fails to state a claim.

(e)(2)(B)(i) & (ii). The test for determining if an action is frivolous or without merit is whether the plaintiff can make a rational argument on the law or facts in support of the claim. Neitzke v. Williams,

(1989); Corgain v. Miller,

(7th Cir. 1983). An action fails to state a claim if it does not plead “enough facts to state a claim to relief that is plausible on its face.” Bell Atlantic Corp. v. Twombly,

(2007). When assessing a petition to proceed in forma pauperis, a district court should inquire into the merits of the plaintiff’s claims, and if the court finds them to be frivolous, it should deny leave to proceed in forma pauperis. Lucien v. Roegner,

(7th Cir. 1982). The Court is satisfied from Elaine Montgomery’s affidavit that he is indigent. The Court further finds that the action is not clearly frivolous or malicious and does not fail to state a claim. Accordingly, the Court GRANTS the motion for leave to proceed in forma pauperis (Doc. 2). The plaintiff having been granted leave to proceed in forma pauperis, the Court must order service of process by a United States Marshal or Deputy Marshal or other specially appointed person. Fed. R. Civ. P. 4(c)(3);

(d). If the plaintiff wishes the United States Marshals Service to serve process in this case, the

Court DIRECTS the plaintiff to provide to the United States Marshals Service the summons issued in this case, the appropriately completed USM-285 forms and sufficient copies of the complaint for service. The Court further DIRECTS the United States Marshal, upon receipt of the aforementioned documents from the plaintiff and pursuant to Federal Rule of Civil Procedure 4(c)(3), to serve a copy of summons, complaint and this order upon the defendants in any manner consistent with Federal Rule of Civil Procedure 4, as directed by the plaintiff. Costs of service shall be borne by the United States.

IT IS SO ORDERED. DATED: July 22, 2022

/s/ J. Phil Gilbert . J. PHIL GILBERT U.S. DISTRICT JUDGE