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Johnson v. Comstock Village Apartments, L.D.H.A., 1:18-cv-01414. (2018)

Court: District Court, W.D. Michigan Number: infdco20190108a08 Visitors: 4
Filed: Dec. 31, 2018
Latest Update: Dec. 31, 2018
Summary: REPORT AND RECOMMENDATION PHILLIP J. GREEN , Magistrate Judge . Plaintiff brings this action raising various federal claims of discrimination under the Fair Housing Amendments Act, 42 U.S.C. 3604, 3617, and the Fair Credit Reporting Act, 15 U.S.C. 1681b. Plaintiff also raises a supplemental claim under the state's Landlord and Tenant Relationship Act, MICH. COMP. L. 554.601. Plaintiff is represented by counsel. This matter is before the Court on plaintiff's application to proceed in
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REPORT AND RECOMMENDATION

Plaintiff brings this action raising various federal claims of discrimination under the Fair Housing Amendments Act, 42 U.S.C. §§ 3604, 3617, and the Fair Credit Reporting Act, 15 U.S.C. § 1681b. Plaintiff also raises a supplemental claim under the state's Landlord and Tenant Relationship Act, MICH. COMP. L. 554.601. Plaintiff is represented by counsel.

This matter is before the Court on plaintiff's application to proceed in forma pauperis (ECF No. 2), and it has been referred to me. For the following reasons, I recommend that plaintiff's application to proceed in forma pauperis be denied.

This is not a proper case for IFP status for two reasons. First, plaintiff is represented by counsel, and she is suing for relief under federal statutes that include cost-shifting provisions should she prevail. Moreover, and giving plaintiff the benefit of doubt, her application indicates that she has more than $500.00 per month in discretionary income. (See ECF No. 2, PageID.11-15). Based on this information, plaintiff has failed to demonstrate an inability to pay the full filing fee, as is required by Local Rule 3.4(b).

Recommendation

For the foregoing reasons, I recommend that plaintiff's application to proceed in forma pauperis (ECF No. 2) be denied, and that she be ordered to pay the $400.00 filing fee.

Source:  Leagle

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