Burnette v. Caine & Weiner ( 2023 )

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Yvonne Burnette, Plaintiff, Case No. 23-cv-12265 v. Judith E. Levy United States District Judge Caine & Weiner, Mag. Judge Elizabeth A. Defendant. Stafford ________________________________/ ORDER DIRECTING PLAINTIFF TO SUBMIT A REVISED APPLICATION TO PROCEED WITHOUT PREPAYING FEES AND COSTS On September 1, 2023, Plaintiff Yvonne Burnette filed a pro se complaint in which she alleges violations of the Fair Debt Collection Practices Act. (ECF No. 1.) That same day, Plaintiff filed an application to proceed in forma pauperis, which is a request to proceed without prepaying the fees and costs for this litigation. (ECF No. 2). On September 5, 2023, Plaintiff filed an amended complaint (ECF No. 4) and an amended application to proceed in forma pauperis. (ECF No. 5.) Federal courts “may authorize the commencement . . . of any suit, action or proceeding . . . without prepayment of fees . . . by a person who submits an affidavit that includes a statement . . . that the person is unable to pay such fees.” 28 U.S.C. § 1915(a)(1). Inadequate completion of an application to proceed in forma pauperis is grounds for denial of that application in the Eastern District of Michigan. See Shaw v. Oakland Cnty. Friend of the Ct., No. 20-12492, 2020 WL 7024912, at *3 (E.D. Mich. Nov. 30, 2020). Here, Plaintiff’s amended application to proceed in forma pauperis is incomplete. Plaintiff does not specify a pay period for her gross pay or wages of $760.00 and her take-home pay or wages of $689.00. (ECF No. 5, PageID.17.) In addition, Plaintiff does not list her employer’s name and address. (Id.) Plaintiff also does not specify the amount of money she has in cash or in a checking or savings account. (Id. at PageID.18.) Without this information, the Court cannot determine whether Plaintiff is unable to pay the applicable fees. Accordingly, Plaintiff must submit a completed Application to Proceed in District Court Without Prepaying Fees or Costs by Friday, September 29, 2023. In her submission, Plaintiff must answer each of the questions that appear in the application. If Plaintiff fails to comply with this order, the case may be dismissed for failure to prosecute pursuant to Eastern District of Michigan Local Rule 41.2. IT IS SO ORDERED. Dated: September 8, 2023 s/Judith E. Levy Ann Arbor, Michigan JUDITH E. LEVY United States District Judge CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was served upon counsel of record and any unrepresented parties via the Court’s ECF System to their respective email or first-class U.S. mail addresses disclosed on the Notice of Electronic Filing on September 8, 2023. s/William Barkholz WILLIAM BARKHOLZ Case Manager