Elia v. Garland

Background

Dr. Souheil E. Elia initiated this case in May 2024 and is proceeding without a lawyer. The opinion identifies Pamela Bondi, the U.S. Attorney General, as the defendant and states that she was automatically substituted for former Attorney General Merrick B. Garland under Federal Rule of Civil Procedure 25(d). Elia paid the filing fee in May 2024 and later requested permission to proceed without prepaying the filing fee, along with a waiver of fees for accessing the court’s electronic records system, known as PACER.

Permission to Proceed Without Prepaying the Filing Fee

The court granted Elia’s request to proceed without prepaying the filing fee under 28 U.S.C. § 1915. The court relied on his statement that he was unemployed, had less than $20, and depended on family and friends to pay his expenses.

PACER-Fee Waiver

The court denied Elia’s request for a waiver of PACER fees. It explained that the Judicial Conference’s fee schedule already provides several automatic exemptions, including no charge until an account holder accrues more than $30 in a quarterly billing cycle, one free electronic copy of documents when receipt is required or directed, free access to judicial opinions, and free access at courthouse public terminals. A court may grant an additional discretionary exemption only when necessary to avoid unreasonable burdens and promote public access to information. The court found that Elia alleged no facts showing that he would face an unreasonable burden without a further exemption, and that permission to proceed without prepaying the filing fee alone was not enough.

Service of the Defendant

The court noted that no summons had been issued and that proper service had not occurred. Because Elia was permitted to proceed without prepaying the filing fee, he could rely on the court and the U.S. Marshals Service to serve the defendant. The court directed the Clerk of Court to issue a summons, complete a U.S. Marshals Service Process Receipt and Return form with the defendant’s address, and provide the Marshals Service with the documents needed for service.

The court stated that service should occur within 90 days after the summons is issued. If service is not completed within that period, Elia should request an extension of time. The court also stated that Elia must notify the court in writing if his address changes and that the action may be dismissed if he fails to do so.

Disposition

The court granted Elia’s request to proceed without prepaying the filing fee, denied his request for a PACER-fee waiver, and ordered the Clerk of Court to issue the summons and arrange service through the U.S. Marshals Service. The Clerk was also directed to mail Elia an information package and terminate docket entries 21 and 22.