Summary
The court denied Sonny Henry’s motion for service by the United States Marshals Service. Because Henry paid the filing fee and was not proceeding in forma pauperis, the court was not required to order marshal service, and Henry provided no reason why he could not effect service under Federal Rule of Civil Procedure 4; the denial was without prejudice.
Court
United States District Court for the Southern District of Illinois
Jurisdiction
United States District Court for the Southern District of Illinois
Decision date
May 12, 2026
Docket number
26-cv-444-SMY
Disposition
other
Questions Presented
- Whether the court should order service by the United States Marshals Service at court expense when the plaintiff paid the filing fee, is not proceeding in forma pauperis, and provided no reason why he could not effect service himself.
Holdings
- When a plaintiff is not proceeding in forma pauperis, the court is not required to order service by the United States Marshals Service, although it has discretion to do so. Because Henry paid the filing fee and offered no reason why he could not effect service under Rule 4, the court denied his motion without prejudice.
Court Document
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