Filed: Sep. 30, 2014
Latest Update: Sep. 30, 2014
Summary: OPINION AND ORDER AT A SESSION of said Court, held in the United States Courthouse, in the City of Port Huron, State of Michigan, on September 30, 2014 PRESENT: THE HONORABLE LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION Defendants Marc Smith and Carolyn Smith filed a Notice of Removal [dkt 1] on September 19, 2014. Defendant Marc Smith filed an application to proceed in forma pauperis [dkt 2] the same day. For the following reasons
Summary: OPINION AND ORDER AT A SESSION of said Court, held in the United States Courthouse, in the City of Port Huron, State of Michigan, on September 30, 2014 PRESENT: THE HONORABLE LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE LAWRENCE P. ZATKOFF, District Judge. I. INTRODUCTION Defendants Marc Smith and Carolyn Smith filed a Notice of Removal [dkt 1] on September 19, 2014. Defendant Marc Smith filed an application to proceed in forma pauperis [dkt 2] the same day. For the following reasons,..
More
OPINION AND ORDER
AT A SESSION of said Court, held in the United States Courthouse, in the City of Port Huron, State of Michigan, on September 30, 2014
PRESENT: THE HONORABLE LAWRENCE P. ZATKOFF UNITED STATES DISTRICT JUDGE
LAWRENCE P. ZATKOFF, District Judge.
I. INTRODUCTION
Defendants Marc Smith and Carolyn Smith filed a Notice of Removal [dkt 1] on September 19, 2014. Defendant Marc Smith filed an application to proceed in forma pauperis [dkt 2] the same day. For the following reasons, Defendant Marc Smith's request to proceed in forma pauperis is DENIED.
II. ANALYSIS
Defendant Marc Smith has filed an application to proceed without prepayment of fees. Under 28 U.S.C. § 1915(a), "any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor." The reference to assets of "such prisoner" is likely a typographical error; thus, § 1915(a) applies to all natural persons. See Floyd v. U.S. Postal Serv., 105 F.3d 274 (6th Cir. 1997). If a motion to proceed without prepayment of fees is filed and accompanied by a facially-sufficient affidavit, the Court should allow the complaint to be filed. See Gibson v. R.G. Smith Co., 915 F.2d 260, 261 (6th Cir. 1990) (citing Phillips v. Carey, 638 F.2d 207, 208 (10th Cir. 1981)). Only after the complaint is filed is it tested to determine whether it is frivolous or fails to state a claim. See id. at 261.
The Court, having reviewed Defendant Marc Smith's application, has determined that he is not entitled to proceed in forma pauperis. The financial information in the application does not indicate whether Defendant Carolyn Smith is unable to pay the filing fee; thus, the application is facially-insufficient. Accordingly, the Court DENIES Defendant Marc Smith's application to proceed in forma pauperis.
III. CONCLUSION
Accordingly, IT IS HEREBY ORDERED that Defendant Marc Smith's request to proceed in forma pauperis [dkt 2] is DENIED without prejudice.
IT IS SO ORDERED.
