Opinion
24-cv-11770
09-10-2024
JOSHUA J. BURKE, Plaintiff, v. LENAWEE COUNTY JAIL, Defendant.
OPINION AND ORDER (1) DENYING THE APPLICATION TO PROCEED WITHOUT PREPAYMENT OF THE FILING FEE, (2) DISMISSING THE CIVIL RIGHTS COMPLAINT, AND (3) CONCLUDING THAT AN APPEAL CANNOT BE TAKEN IN GOOD FAITH
Honorable Jonathan J.C. Grey, Judge
Joshua J. Burke, currently confined at the Lenawee County Jail in Adrian, Michigan, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983 concerning excessive force claims and violations of due process related to his 23-hour confinement in the “hole” and the fact of his present confinement in jail. ECF No 1. Burke also has filed an application to proceed without prepayment of costs. ECF No. 4.
The mandatory language of U.S.C. § 1915 requires the Court to dismiss this case if “the allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). Although Burke alleges he lacks the funds to pay the required fees, his application avers that he has over $7,000.00 in a savings account. ECF No. 4. The Court concludes from the application that Burke fails to establish indigence and that he can pay the $350 filing fee and $55 administrative fee for this civil action.
Accordingly, the Court DENIES Burke's application to proceed without prepayment of fees or costs and DISMISSES WITHOUT PREJUDICE his civil rights complaint. Finally, because an appeal could not be taken in good faith, the Court DENIES leave to proceed in forma pauperis on appeal should Petitioner decide to appeal this decision. 28 U.S.C. § 1915(a)(3).
IT IS SO ORDERED.