Opinion
24-12319
10-22-2024
William A. Rankin, Plaintiff, v. Brian Lavan and Associates, PC, et al., Defendants.
Curtis Ivy, Jr. Mag. Judge
ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS, STRIKING PLAINTIFF'S MOTION [4] AND DISMISSING CASE WITHOUT PREJUDICE
JUDITH E. LEVY United States District Judge
On September 5, 2024, Plaintiff William Rankin filed an application to proceed in forma pauperis, which is a request to proceed without prepaying the fees and costs for this litigation. (ECF No. 2).
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). Plaintiff's application indicates that he and his spouse together have a total monthly income of $19,590.00 and have $4,143.93 in monthly expenses. (ECF No. 2, PageID.47-50.) Plaintiff states that he and his spouse receive about $26,000.00 a month in “Other” income, but does not explain the source of this income. (Id. at PageID.47.)
Given Plaintiff's financial resources, the Court finds that Plaintiff does not satisfy the requirements under 28 U.S.C. § 1915(a)(1), and his application to proceed without prepayment of fees (ECF No. 2) is denied.
Additionally, Plaintiff is an enjoined filer in the Eastern District of Michigan. (Case No. 5:23-cv-12183, ECF No. 23.) No further filings will be accepted from Plaintiff absent an order from the Court. In order to obtain permission to file a motion or new case, Plaintiff must certify that the filings he presents have not been raised and disposed of in this Court or in the Court of Appeals and that they set forth a claim for relief. (Id.) Plaintiff must also present the basis for that claim. (Id.)
The Court reviewed Plaintiff's complaint and motion. (ECF Nos. 1, 4.) Plaintiff's complaint and motion does not comply with the requirements in the April 24, 2024 order. Accordingly, the motion (ECF No. 4) is STRICKEN and Plaintiff's complaint is DISMISSED WITHOUT PREJUDICE.
IT IS SO ORDERED.