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Mowrey v. Adobe Deli LLC

United States District Court, D. New Mexico

September 19, 2019

THOMAS MOWREY, Plaintiff,
v.
ADOBE DELI LLC, VAN H. JACOBSEN, and VICTORIA L. JACOBSEN, Defendants.

          ORDER FOR SERVICE, DENYING SECOND MOTION TO PROCEED IN FORMA PAUPERIS AND MOTION FOR DEFAULT JUDGMENT, AND GRANTING PERMISSION TO FILE ELECTRONICALLY

         THIS MATTER comes before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. 10, filed September 5, 2019 ("Application"), Plaintiff's Motion for Default Judgment, Doc. 9, filed June 18, 2019, and Plaintiff's Request of Useage, [sic] Doc. 8, filed May 2, 2019.

         Application to Proceed In Forma Pauperis

         Plaintiff has filed two Applications to proceed in forma pauperis in this case. The second Application is unsigned and presents financial information which is essentially the same as in the first Application. See Doc. 6, filed April 12, 2019.

         The Court denies the second Application as moot because the Court has granted Plaintiff's first Application to proceed in forma pauperis. See Doc. 7, filed May 1, 2019. The Court reminds Plaintiff that he must sign every document he files in this case. See Fed. R. Civ. P. 11(a) ("Every pleading, written motion, and other paper must be signed . . . by a party personally if the party is unrepresented").

         Service on Defendants

         Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 which provides that the “officers of the court shall issue and serve all process, and perform all duties in [proceedings in forma pauperis]”). 28 U.S.C. § 1915(d).

         The Court ordered the Clerk of the Court to notify Defendants, at the addresses provided by Plaintiff in his Complaint, that an action has been commenced and request that Defendants waive service pursuant to Fed.R.Civ.P. 4(d). See Doc. 7 at 3. The Clerk mailed the Notice, Request to Waive Service, and copies of the Complaint to Defendants on May 2, 2019. Because none of the Defendants have returned the waiver within the 45-day period ordered by the Court, the Court orders the Clerk to direct the United States Marshal to serve a copy of the summons and Complaint on Defendants.

         Motion for Default Judgment

         The denies Plaintiff's Motion for Default Judgment as premature because Defendants have not been served.

         Motion for Usage

         Plaintiff "[r]request usage of the CM/ECF system for case log as Pro Se." Doc. 8. The Court grants Plaintiff permission to file electronically. Plaintiff shall familiarize himself with the procedures in the CM/ECF Administrative Procedures Manual. Failure to comply with those procedures may result in revocation of permission to file electronically.

         IT IS ORDERED that:

         (i) Application to Proceed in District Court Without Prepaying Fees or Costs, Doc. 10, filed ...


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