Allan v. Harpstead

Background

Peter Allan and Todd Fernandes brought this case against Jodi Harpstead, Nancy Johnson, Terry Kneisel, Cory Vargeson, Phil Olson, and Robert Gresczyk. The order addressed the plaintiffs’ applications to proceed without paying filing fees, their requests for appointed counsel, and the steps for serving the defendants.

Rulings

The court granted both plaintiffs’ applications to proceed without paying filing fees.

The court ordered each plaintiff to complete and return a Marshal Service Form, Form USM-285, for each defendant by September 27, 2024. The court stated that failure to do so could lead to a recommendation that the case be dismissed without prejudice for failure to prosecute.

After receiving the completed forms, the clerk was directed to seek service waivers from defendants sued in their personal capacities under Rule 4(d) of the Federal Rules of Civil Procedure. A defendant who failed without good cause to return a waiver within 30 days after it was mailed could be required to pay the later expenses of formal service. The court also directed the U.S. Marshals Service to serve the defendants in their official capacities as agents of the State of Minnesota under Rule 4(j).

The court denied without prejudice both motions for appointment of counsel. It explained that a person representing themselves in a civil case generally has no statutory or constitutional right to appointed counsel, and that appointment is within the district court’s discretion. The court said the case did not yet appear particularly complicated, the plaintiffs had presented their claims with reasonable clarity, and Peter Allan had extensive experience litigating in federal court. The court stated that it would reconsider on its own whether appointed counsel was appropriate if circumstances later required it.

Disposition

The fee-waiver applications were granted, the motions for appointment of counsel were denied without prejudice, and the court issued service-of-process directions. The order did not decide the underlying claims.