Richard Smith, Sr. v. Regents of the University of Michigan, et al.

District Court, E.D. Michigan

Richard Smith, Sr. v. Regents of the University of Michigan, et al.

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION

Richard Smith, Sr.,

Plaintiff, Case No. 25-cv-13980

v. Judith E. Levy United States District Judge Regents of the University of Michigan, et al., Mag. Judge Elizabeth A. Stafford Defendants.

________________________________/

ORDER DIRECTING PLAINTIFF TO SUBMIT A COMPLETE APPLICATION TO PROCEED WITHOUT PREPAYING FEES AND COSTS

On December 9, 2025, Plaintiff Richard Smith, Sr. filed a pro se complaint in which she alleges violations of his due process and equal protection, and violations of the American with Disabilities Act. (ECF No. 1.) That same day, Plaintiff filed a motion to proceed in district court without prepaying fees or costs (also referred to as an application to proceed in forma pauperis) and a motion requesting service by the U.S. Marshals. (ECF No. 2, 3). 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). In determining in forma

pauperis eligibility, courts examine whether the applicant is employed, the applicant’s annual salary, and any other property or assets the applicant may possess. See Hart v. City of Canton, No. 24-13292,

2025 U.S. Dist. LEXIS 258802

(E.D. Mich. Dec. 15, 2025). 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 filed a motion to proceed in forma pauperis pursuant

to

28 U.S.C. § 1915

. (ECF No. 2.) Plaintiff states that he “is unable to pay the filing fee due to limited income and resources . . . income is insufficient to meet ordinary living expenses, and payment of court fees

would impose undue hardship.” (Id.) While Plaintiff concludes that he is unable to pay the court fees, he does not offer information regarding his employment, other sources income, or assets. (Id.) Therefore, without information about Plaintiff’s financial situation, the Court cannot determine whether he is unable to pay the applicable filing fee.

To file a complete application to proceed in forma pauperis under

28 U.S.C. § 1915

, the Eastern District of Michigan’s website offers a form

that asks for information regarding the litigant’s financial situation, including his income, assets, expenses, and financial obligations. Uɴɪᴛᴇᴅ Sᴛᴀᴛᴇꜱ Dɪꜱᴛʀɪᴄᴛ Cᴏᴜʀᴛ ꜰᴏʀ ᴛʜᴇ Eᴀꜱᴛᴇʀɴ Dɪꜱᴛʀɪᴄᴛ ᴏꜰ Mɪᴄʜɪɢᴀɴ, MIED 240

(01/2025) Aᴘᴘʟɪᴄᴀᴛɪᴏɴ ᴛᴏ Pʀᴏᴄᴇᴇᴅ ɪɴ Dɪꜱᴛʀɪᴄᴛ Cᴏᴜʀᴛ ᴡɪᴛʜᴏᴜᴛ Pʀᴇᴘᴀʏɪɴɢ Fᴇᴇꜱ ᴏʀ Cᴏꜱᴛꜱ (Sʜᴏʀᴛ Fᴏʀᴍ) (2025). Accordingly, if Plaintiff wishes to proceed in forma pauperis, he

must submit a complete Application to Proceed in District Court Without Prepaying Fees or Costs by January 15, 2026. In his 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: December 17, 2025 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 December 17, 2025.

s/William Barkholz WILLIAM BARKHOLZ Case Manager

Reference

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