Case No. 3:09cv295/LAC/EMT.United States District Court, N.D. Florida, Pensacola Division.
August 11, 2009
ORDER
ELIZABETH TIMOTHY, Magistrate Judge
This matter is before the court on Plaintiff’s “Request of Commencement of Action” (Doc. 15). Plaintiff requests that the court “commence” this action, pursuant to 28 U.S.C. § 1916 and Rule 4(c) of the Federal Rules of Civil Procedure (id.).
The court is unable to decipher the nature of Plaintiff’s request. Section 1916 relates to suits and appeals initiated by seamen, but Plaintiff does not allege he is a seamen. 28 U.S.C. § 1916. Rule 4(c) of the Federal Rules of Civil Procedure simply provides that a summons and complaint may be served by any person who is at least 18 years old and not a party to the action. Fed.R.Civ.P. 4(c). Neither of these provisions assists the court in determining the nature of Plaintiff’s request or the relief he seeks. To the extent Plaintiff is requesting that the court direct the United States Marshals Service to serve the complaint upon Defendants and bear the costs of such service, Plaintiff is advised that federal law authorizes the court to do so only if the plaintiff is proceeding in forma pauperis. See 28 U.S.C. § 1915(d). In the instant case, Plaintiff paid the filing fee; therefore, Section 1915 is not applicable.
Accordingly, it is ORDERED:
Plaintiff’s “Request of Commencement of Action” (Doc. 15) isDENIED.
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DONE AND ORDERED.
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