Martin 857172 v. Davids

UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF MICHIGAN

SOUTHERN DIVISION ______

JAWON M. MARTIN,

Plaintiff, Case No. 1:21-cv-980 v. Honorable Ray Kent

JOHN DAVIDS et al.,

Defendants. ____________________________/

ORDER DENYING LEAVE

TO PROCEED IN FORMA PAUPERIS – SUFFICIENT FUNDS

This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The filing fee for a civil action is $402.00.1 Plaintiff seeks leave to proceed in forma pauperis. However, financial documents Plaintiff has filed with his motion disclose that his average monthly deposits were $705.89 and his spendable balance when he filed his motion was $ 902.41.

Because Plaintiff has sufficient funds to pay the filing fee, the Court will deny Plaintiff’s motion. The Court should only grant leave to proceed in forma pauperis when it reasonably appears that paying the cost of this filing fee would impose an undue financial hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). It is not unreasonable to require a prisoner to devote a portion of his discretionary funds to defray a fraction of the costs of his litigation. See Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987). Plaintiff has more than sufficient The filing fee for a civil action is $350.00. 28 U.S.C. § 1914(a). The Clerk is also directed to collect a miscellaneous administrative fee of $52.00. 28 U.S.C. § 1914(b); https://www.uscourts.gov/services-forms/fees/district-court- miscellaneous-fee-schedule. The miscellaneous administrative fee, however, “does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C. § 1915.” Id. funds to pay his $402.00 filing fee. Therefore, Plaintiff is not entitled to proceed in forma pauperis in this action.

Accordingly,

IT IS ORDERED that leave to proceed in forma pauperis is DENIED. Plaintiff has twenty-eight (28) days from the date of entry of this order to pay the civil action filing fees, which total $402.00. When Plaintiff pays his filing fees, the Court will screen his complaint as required by 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c). If Plaintiff does not pay the filing fees within the 28-day period, this case will be dismissed without prejudice, but Plaintiff will continue to be responsible for payment of the $402.00 filing fees.

Dated: December 14, 2021 /s/ Ray Kent

Ray Kent

United States Magistrate Judge

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110 Michigan St., N.W.

Grand Rapids, MI 49503

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