Opinion
21-10512
06-01-2021
Troy Taylor, Plaintiff, v. Wayne County and Kim Worthy, Defendants.
ORDER DISMISSING ACTION FOR FAILURE TO PAY FILING FEE
Sean F. Cox United States District Judge
On February 11, 2021, Plaintiff filed a pro se civil complaint alleging trespass, wrongful eviction, slander, libel, and intentional infliction of emotional distress claims against Defendants. (ECF No. 1). Plaintiff did not pay the filing fee nor did she apply to proceed in forma pauperis. The Clerk of the Court notified Plaintiff of her deficiency.
On April 15, 2021, the Court ordered Plaintiff to show cause, by May 7, 2021, why this action should not be dismissed for failure to pay the filing fee. (ECF No. 4). On April 23, 2021, Plaintiff filed what appears to be an illegible, scanned copy of an identification card with a handwritten note that states, “I'm indigent from paying filing fees.” (ECF No. 7). Plaintiff also filed an objection to the show-cause order and notice of an entirely unrelated claim against a party who is not a defendant in this action. (ECF No. 8). The objection does not address the show-cause order in any capacity. (ECF No. 8).
Federal law provides that the “clerk of each district court shall require parties instituting any such civil action, suit or proceeding in such court, whether by original process, removal or otherwise, to pay a filing fee of $400, ” 28 U.S.C. § 1914(a). To ensure access to the courts, however, 28 U.S.C. § 1915(a) permits an indigent plaintiff to avoid payment of filing fees by filing an in forma pauperis affidavit. Under that section, the Court must conduct a satisfactory inquiry into the plaintiff's ability to pay the filing fee and prosecute the lawsuit. A plaintiff seeking in forma pauperis standing must respond fully to the questions on the Court's in forma pauperis form and execute the affidavit in compliance with the certification requirements contained in 28 U.S.C. § 1746.
In this case, Plaintiff's response to the show-cause order is insufficient because she did not comply with the in forma pauperis requirements under 28 U.S.C. § 1746. The show-cause deadline has passed without sufficient response addressing these requirements from Plaintiff. Because Plaintiff has not paid the filing fee for this appeal nor has she applied to proceed in forma pauperis, the Court hereby DISMISSES this action.
IT IS SO ORDERED.