Tascon (Cole) v. Apartments ( 2024 )


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  • UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Sylvia Tascon (Cole), Plaintiff, Case No. 24-cv-12138 v. Judith E. Levy United States District Judge Woodcraft Square Apartments, et al., Mag. Judge Curtis Ivy, Jr. Defendants. ________________________________/ ORDER STRIKING PLAINTIFF’S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS [5] AND DIRECTING PLAINTIFF TO SUBMIT A REVISED APPLICATION On August 15, 2024, Plaintiff Sylvia Tascon (Cole) filed a complaint arising from alleged violations of the Civil Rights Act of 1968, the Rehabilitation Act of 1973, and the Violence Against Women Act. (ECF No. 4.) She also filed an application to proceed without prepaying the fees or costs for this litigation—or to proceed in forma pauperis—on August 15, 2024. (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 application to proceed in forma pauperis is incomplete. Plaintiff does not specify her take-home pay or wages per pay period. (ECF No. 5, PageID.86.) In addition, she did not provide the “[n]ames (or, if under 18, initials only) of all persons who are dependent on [her] for support, [her] relationship with each person, and how much [she] contribute[s] to their support.” (ECF No. 5, PageID.87 (emphasis added).) Without this information, the Court cannot determine whether Plaintiff is unable to pay the applicable fees. Accordingly, Plaintiff’s application to proceed in forma pauperis (ECF No. 5) is stricken. If Plaintiff wishes to renew her request to proceed without prepaying the fees or costs for this litigation, she must submit a revised Application to Proceed in District Court Without Prepaying Fees or Costs by December 6, 2024. In her submission, Plaintiff must (1) answer each of the questions that appear in the application, (2) identify the initials only of the people who are dependent on her for support, and (3) how much money she contributes to each of the people who are dependent on her for support. If Plaintiff does not 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: November 18, 2024 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 November 18, 2024. s/William Barkholz WILLIAM BARKHOLZ Case Manager

Document Info

Docket Number: 5:24-cv-12138

Filed Date: 11/18/2024

Precedential Status: Precedential

Modified Date: 11/19/2024