Monica Betts v. Copeland (formerly Emerson)

Summary

The United States District Court for the Southern District of Ohio directs the case to proceed after Plaintiff paid the required filing costs. The Court instructs Plaintiff, who is not proceeding in forma pauperis, to serve Defendant or obtain a waiver of service within the 90-day period under Federal Rule of Civil Procedure 4(m), and reminds her to keep the Court informed of address changes.

Holdings

1. Because Plaintiff paid the filing costs required by the court, the case shall proceed and the Clerk shall file the complaint separately on the docket.
2. The court was not required to order the United States Marshals Service to serve Defendant because Plaintiff was not proceeding in forma pauperis; Plaintiff was responsible for accomplishing service or obtaining a waiver.
3. Plaintiff was required to serve Defendant or obtain a waiver within the 90-day period imposed by Federal Rule of Civil Procedure 4(m), which the court expected to expire on or before February 19, 2026.

Questions Presented

1. Whether the case should proceed after Plaintiff paid the required filing costs.
2. Whether the United States Marshals Service was required to serve Defendant when Plaintiff was not proceeding in forma pauperis.
3. What responsibility and deadline applied to Plaintiff for serving Defendant or obtaining a waiver of service.

Disposition

other