Opinion
CIVIL ACTION NO. 4:07CV96-HTW-LRA.
August 21, 2007
ORDER
This cause is before the Court upon a review of motions filed by Defendants Lillie Harris, et al. Plaintiff Grace Ellis Adams purportedly removed this case from the Chancery Court of Newton County, Mississippi. In lieu of paying the filing fees for the removal to this Court, Plaintiff requested to proceed in forma pauperis. By Order filed August 8, 2007, Plaintiff was granted leave of Court to proceed without paying the filing fees. The Court directed the Clerk to issue process and the United States Marshal to serve summonses on Defendants.
Since that time, Defendants have filed a motion to remand, a motion for protective order, and a motion to vacate the Court's prior order granting in forma pauperis status to Plaintiff. Upon a review of these motions, the Court finds that the issue of Plaintiff's in forma pauperis status should be reconsidered. The Court also notes that these Defendants have already entered an appearance and that no further process should issue.
Plaintiff should file her written responses to the motions on or before September 4, 2007. Plaintiff should file additional financial information, as well as a different Application to Proceed Without Prepayment of Fees and Affidavit to be provided by the Clerk of Court. As well as completing the new application, Plaintiff should provide an explanation of any debt on her home, any mortgage payment owed by her, and an explanation of how she pays expenses on her home. Plaintiff should describe any vehicle used or owed by her and set forth the value of the vehicle. Plaintiff should also set forth any amounts she is entitled to receive under the Estate of William Thomas Ellis, Deceased, Case No. 2006-N0121 in the Chancery Court of Newton County, Mississippi. Plaintiff should explain how she paid the filing fee for the removal of this case to the United States District Court for the Eastern District of Michigan. Plaintiff should list any employment and income from such employment she has had for the past five years.
IT IS THEREFORE ORDERED:
1. Defendants' Motion to Vacate Order Granting In Forma Pauperis Status shall be considered on its merits, and Plaintiff should file a response to the motion and the additional financial information ordered hereinabove on or before September 4, 2007.
2. Plaintiff shall file written responses to Defendants' Motion to Remand and Motion for Protective Order on or before September 4, 2007.
3. The prior Order of the Court [#3] granting in forma pauperis and directing the Clerk to issue summonses to Defendants is hereby vacated until such time as the merits of Plaintiff's pauperis status have been reconsidered, and no summonses or subpoenas shall be issued.
4. The Clerk of the Court is directed to mail Plaintiff the Application to Proceed Without Prepayment of Fees and Affidavit ordinarily used by this Court. Plaintiff is directed to complete the form and to attach additional information as required by the Court hereinabove. This information should be provided to the Court on or before September 4, 2007.
5. Plaintiff is warned that sanctions may be assessed against her if this case has been improvidently removed. Defendants' attorneys' fees, expenses, and additional monetary sanctions may be awarded against her if removal was improper.
SO ORDERED.