Summary
This District Court of Guam order addresses the plaintiff's applications to proceed in forma pauperis and to direct service within a specified timeframe. The court denies the request to waive filing fees without prejudice due to changed financial circumstances but grants in part the motion to direct service by tolling the Rule 4(m) deadline pending further court review. The plaintiff is ordered to either pay the full filing fee or submit an amended financial affidavit by June 6, 2025, or face automatic dismissal.
Topics
Practice areas
Questions Presented
- Whether the plaintiff may proceed without prepaying filing fees under 28 U.S.C. §1915(a)(1).
- Whether the court should direct service and toll the time period for service under Fed. R. Civ. P. 4(c)(3).
Holdings
- The application to waive fees is DENIED without prejudice.
- The motion to direct service is GRANTED to the extent that it tolls the time period for service and DENIED insofar as it seeks to expedite service.
Key quotations
“Under 28 U.S.C. § 1915(a)(1), the court “may authorize the commencement . . . of any suit, action or proceeding . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor.”” (at *1)
“Accordingly, Plaintiff's Motion to Direct Service is GRANTED to the extent that it seeks to toll the time period for service but DENIED insofar as it seeks to expedite service in any way.” (at *2)
Factual background
Plaintiff Fred J. Cruz filed an application to waive filing fees and a motion to direct service. He previously received a stipulation in a related case (Cruz v. Cruz, Civil Case No. 22-00002) where the defendant agreed to pay him $900 per month. Despite the stipulation, Plaintiff has not paid the filing fee or filed an amended application.
Procedural history
Plaintiff filed an application to proceed in forma pauperis and a motion to direct service. The court reviewed the application and motion and issued this order.
Remand instructions
Plaintiff is ordered to either pay the filing fee in full or file an amended application to waive fees providing an updated financial statement no later than June 6, 2025; failure may result in automatic dismissal.