Reynolds v. Romero et al

1
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
LORI REYNOLDS,
Plaintiff,
vs.
MICHELE J. ROMERO, in her individual
capacity; LEAH GLEASON, in her
individual capacity; JODY L. ANGEL-
TREJO, in her individual capacity; and
DR. STEVE CORSI, in his official
capacity as CEO of the Nebraska
Department of Health and Human
Services;
Defendants.
4:25CV3197
ORDER
This matter is before the Court on pro se Plaintiff Lori Reynolds’s
application to proceed with this litigation without prepaying fees or costs. Filing
No. 12.
As an initial matter, Plaintiff paid the filing fee in the amount of $405.
However, her application seeks relief from service costs. Filing No. 12 at 4 ¶ 5.
Since in forma pauperis litigants receive other benefits, including service by
U.S. Marshal, Plaintiff’s motion is not moot. See, e.g., 28 U.S.C. § 1915(d); see
also Armendariz v. Rovney, No. 20-cv-464, 2020 WL 2513739, at *1 n.1 (D.
Minn. Apr. 9, 2020), R&R adopted by 2020 WL 2512842 (D. Minn. May 18,
2020) (plaintiff’s IFP application not moot despite paying filing fee because
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certain other costs of litigation are waived for IFP litigants); Richmond v.
Bullock, No. 4:25-cv-367, 2025 WL 2219954, at *1 (E.D. Mo. Aug. 5, 2025)
(same). Moreover, though Plaintiff filed a certificate of service indicating she
effected service on Defendants on October 9, 2025, her service attempt does
not appear to comply with Federal Rule of Civil Procedure 4.
The information contained in Plaintiff’s affidavit demonstrates that
Plaintiff is eligible to proceed in forma pauperis.1
Accordingly,
IT IS ORDERED:
1. Plaintiff’s application, Filing No. 12, is granted.
2. The Clerk of Court is ordered to re-issue the summons as to
Defendants Michele J. Romero, Leah Gleason, Jody L. Angel-Trejo, and Dr.
Steve Corsi, in his official capacity as CEO of the Nebraska Department of
Health and Human Services.
3. For service of process on Defendant Dr. Steve Corsi, in his official
capacity, the Clerk is directed to complete a USM-285 form using this address:
Office of the Nebraska Attorney General
2115 State Capitol
Lincoln, NE 68509
4. For service of process on Defendants Michele J. Romero, Leah
Gleason, and Jody L. Angel-Trejo, the Clerk is directed to complete a USM-285
form for each Defendant using these addresses:
1 Plaintiff only reported her income and her half of the shared expenses. She did not report her husband’s
income or his half of the shared expenses because they maintain separate finances and her husband does
not support Plaintiff’s living expenses or legal costs. In these circumstances, the in forma pauperis
determination may be made based solely on Plaintiff’s financial status. See Lee v. McDonald’s Corp., 231
F.3d 456, 459 (8th Cir. 2000) (applying Missouri law); see generally Neb. Rev. Stat. § 42-618 (married
people retain ability to receive, manage, and control their own property notwithstanding that the property
may be community property).
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Michele J. Romero
3720 Ave. A, Ste C
Kearney, NE 68848
Leah Gleason, FGH Law Office
110 C Street, P.O. Box 249
Shelton, NE 68876
Jody Angel Trejo
Midwest Encouragement Counseling
220 W. 15th St.
Kearney, NE 68845
5. The Clerk shall forward the completed USM-185 forms and summons
along with a sufficient number of copies of the Complaint, Filing No. 1,
and Index in support of the Complaint, Filings Nos. 2 through 2-16,
(collectively, the “Complaint”) as well as Plaintiff’s Motion for Preliminary
Injunction, Filing No. 3, and brief in support of the Motion for Preliminary
Injunction, Filing No. 4, to the United States Marshals Service for service
upon Defendants by certified mail or other authorized method. See Fed.
R. Civ. Proc. 4(j)(2); Neb. Rev. Stat. § 25-510.02 (Defendant Corsi); see
also Fed. R. Civ. Proc. 4(e); Neb. Rev. Stat. § 25-508.01 (Defendants
Romero, Gleason, and Angel-Trejo). The Marshal shall serve the
summons, the Complaint, the preliminary injunction motion and the
supporting brief without payment of costs or fees.
Dated this 4th day of November, 2025.
BY THE COURT:
s/ Jacqueline M. DeLuca
United States Magistrate Judge
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