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Bey-Yisrael v. Wright

United States District Court, W.D. Tennessee, Western Division

April 28, 2015

PTAH BEY-YISRAEL, Plaintiff,
v.
GLENN WRIGHT, et al, Defendants.

REPORT AND RECOMMENDATION

CHARMIANE G. CLAXTON, Magistrate Judge.

On April 3, 2015, Plaintiff Ptah Bey-Yisrael, a resident of Memphis, Tennessee, filed a pro se complaint. (D.E.# 1.) However, Plaintiff neglected to pay the $400.00 civil filing fee or submit a properly completed application to proceed in forma pauperis. On April 15, 2015, the undersigned ordered Plaintiff to submit a properly completed application to proceed in forma pauperis. (D.E. # 4). On April 27, 2015, Plaintiff submitted a motion for leave to proceed in forma pauperis on the prescribed form. (D.E. # 5)

Federal law provides that the "clerk of each district court shall require the parties instituting any civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $400". 28 U.S.C. §1914(a). To ensure access to the courts, however, 28 U.S.C. §1915(a) permits in indigent plaintiff to avoid payment of filing fees by filing an in forma pauperis affidavit. Under that section, the Court must conduct a satisfactory inquiry into the plaintiff's ability to pay the filing fee and prosecute the lawsuit. A plaintiff seeking in forma pauperis standing must respond fully to the questions on the Court's in forma pauperis form and execute the affidavit in compliance with the certification requirements contained in 28 U.S.C. § 1746. See, e.q., Reynolds v. Federal Bur. of Prisons, 30 F.Appx. 574 (6th Cir. 2002); Broque v. Fort Knox Fed. Credit Union, No. 86-1896, 1997 WL 242043 (6th Cir. May 8, 1997).

Because Plaintiff's affidavit does not provide sufficient financial information and therefore, does not satisfy his burden of demonstrating that he is unable to pay the civil filing fee, it is RECOMMENDED that the motion to proceed in forma pauperis be DENIED. See, Williams v. Mekiel-Yehuddah:Yisrael, 2:11-cv-02106-SHM-tmp.


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