Lowe v. U.S. Department of Justice

Background

Kevin Lowe, who the opinion identifies as a federal prisoner on home confinement, filed this action without a lawyer under the Freedom of Information Act, a federal law that allows people to request records from federal agencies. The defendant is the U.S. Department of Justice, Office of Information Policy.

In an order dated March 21, 2023, the court granted Lowe permission to proceed without prepaying filing fees.

Service of the Lawsuit

Because Lowe was proceeding without prepaying fees, the court directed the Clerk of Court to prepare a U.S. Marshals Service Process Receipt and Return form for the defendant. The clerk was instructed to mark the form for service on the United States, issue a summons, and provide the Marshals Service with a copy of the order and the other paperwork needed to serve the United States.

The order states that Lowe is responsible for ensuring service within 90 days after the summons is issued and for requesting an extension if needed. It also requires him to notify the court in writing if his address changes and states that the court may dismiss the action if he fails to do so.

Ruling

The court ordered the clerk to prepare the service form, mark it for service on the United States, issue the summons, and deliver the required materials to the Marshals Service. The court also certified that any appeal from the order would not be taken in good faith and denied permission to appeal without prepaying fees. The order did not address the merits of Lowe's Freedom of Information Act claims.