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Ackers granted civil case .pdf


Original filename: Ackers granted civil case.pdf
Title: T:\IFP\Drafts\ackers-ifp-grant-frivolity.wpd
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Case 1:17-cv-03083-SCJ Document 2 Filed 08/21/17 Page 1 of 2

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION
GREGORY ACKERS,
Plaintiff,
v.
DONNA BRAZILE, et al.,
Defendants.

:
:
:
:
: CIVIL ACTION NO.
: 1:17-CV-3083-SCJ
:
:
:
ORDER

Plaintiff Gregory Ackers, proceeding pro se, seeks leave to file this civil action
in forma pauperis without prepayment of fees and costs or security therefor pursuant
to 28 U.S.C. § 1915(a)(1). The Affidavit in support of Plaintiff’s Application to
Proceed in District Court without Prepaying Fees or Costs [1] indicates that Plaintiff
is unable to pay the filing fee or incur the costs of this action. The requirements of 28
U.S.C. § 1915(a)(1) are thus satisfied, and Plaintiff’s Application to Proceed in
District Court without Prepaying Fees or Costs [1] is GRANTED.
Under Rule 4(c)(2) of the Federal Rules of Civil Procedure, service of a
complaint made in forma pauperis is effected by the United States Marshal’s Service.
The Clerk is DIRECTED to refrain from forwarding the Complaint to the United
States Marshal’s Service for service until the District Judge orders otherwise.

Case 1:17-cv-03083-SCJ Document 2 Filed 08/21/17 Page 2 of 2

Pursuant to 28 U.S.C. § 1915(e)(2), a federal court is required to dismiss an in
forma pauperis complaint at any time if the court determines that the allegation of
poverty is untrue, or that the action (1) is frivolous or malicious, (2) fails to state a
claim on which relief may be granted, or (3) seeks monetary relief against a defendant
who is immune from such relief. A claim is frivolous “where it lacks an arguable basis
either in law or in fact.” Neitzke v. Williams, 490 U.S. 319, 325 (1989). Accordingly,
the Clerk is DIRECTED to submit this matter to the District Court for a frivolity
determination under 28 U.S.C. § 1915(e)(2).
IT IS SO ORDERED this 21st day of August, 2017.

__________________________________
JUSTIN S. ANAND
UNITED STATES MAGISTRATE JUDGE

2


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