Allums v. Department of Justice

Background

Dennis Bruce Allums filed the complaint on August 15, 2019, and filed the motion at issue on October 17, 2019. He was representing himself. His motion sought three forms of relief: a 60-day continuance of all proceedings because he could not serve the defendants, service of the complaint by the court, and an immediate refund of the $400 filing fee.

Service deadline

The court applied Federal Rule of Civil Procedure 4(m), which generally gives a plaintiff 90 days after filing the complaint to serve the defendants. The court calculated Allums’s service deadline as November 13, 2019. It granted in part his request for additional time and extended the deadline to December 13, 2019.

Requests for court service and fee refund

The court denied the requests that it serve the defendants and refund the filing fee. It explained that, when a plaintiff has been allowed to proceed without paying filing fees, the court may order the United States Marshals Service to serve the complaint. Before doing so, however, the court must conduct an initial review to determine whether the complaint states a legally recognizable claim. The opinion further stated that Allums would need to show that he qualified to proceed without paying the filing fee before the court would conduct that review. The court found no legal authority to grant the second and third requests.

Disposition

The court granted in part and denied in part the motion. The service deadline was extended to December 13, 2019; the requests for court service and a filing-fee refund were denied. The order terminated the motion at Docket 4. Judge Yvonne Gonzalez Rogers signed the order.