Burgess v. Holstedt

Plaintiff seeks reversal of the trial court’s judgment dismissing his action for want of prosecution. We reverse and remand.

Plaintiff filed with the court a civil complaint, a motion for waiver of fees and costs, and a motion for an order directing service by the sheriff. Plaintiff, an inmate in a state penal institution, included an affidavit of poverty alleging that he has no income, assets or resources. The trial court allowed deferral of fees and costs except for the service fees. It denied the motion requiring the sheriff to serve the summons and complaint. Subsequently, plaintiff…