Annan v. City of Romeoville et al
Filing
6
WRITTEN Opinion entered by the Honorable Virginia M. Kendall on 5/30/2012. Annan's Motion to Proceed In Forma Pauperis 4 is denied because his financial affidavit does not set forth his inability to pay the mandated court fees. Annan is free to pay the mandated filing fees and present his Complaint to this Court again. [For further detail see minute order.] Mailed notice (lw, ).
Order Form (01/2005)
United States District Court, Northern District of Illinois
Name of Assigned Judge
or Magistrate Judge
Virginia M. Kendall
CASE NUMBER
12 C 3577
CASE
TITLE
Sitting Judge if Other
than Assigned Judge
DATE
5/30/2012
Annan vs. City of Romeoville et al
DOCKET ENTRY TEXT
Annan’s Motion to Proceed In Forma Pauperis [4] is denied because his financial affidavit does not
set forth his inability to pay the mandated court fees. Annan is free to pay the mandated filing fees
and present his Complaint to this Court again.
O[ For further details see text below.]
Docketing to mail notices.
STATEMENT
Plaintiff Kenneth Annan moves to proceed in forma pauperis without the full prepayment of filing fees.
Annan brings a cause of action against the City of Romeoville, Romeoville Police Officer R.
Zamborowski, two Unknown Romeoville Police Officers, Steve Timmer, and Spotless Express alleging
violations of 42 U.S.C. § 1983 and the Fourth and Fourteenth Amendments for false arrest, unlawful
detention, excessive force, deliberate indifference to the medical needs of a pretrial detainee, and
malicious prosecution.
Pursuant to 28 U.S.C. § 1915(a), the Court may authorize Annan to proceed in forma pauperis if he is
unable to pay the mandated court fees. Annan need not be penniless to proceed in forma pauperis
under § 1915(a)(1). See Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980). Instead, he is eligible to
proceed in forma pauperis if payment of the filing fee will prevent him from providing for life’s
necessities. See id. According to his financial affidavit, Annan is currently unemployed and was last
employed from February 9, 2009 through July 7, 2010. At that time Annan was employed by the City
Colleges of Chicago, earning $1,200 per month. Annan is married, and his financial affidavit states that
his wife has an income of $23,000 per month. In the last twelve months, Annan has made professional
income in the amount of $4,200 . His wife owns a car with a current value of $3,000, in which she has
$1,000 in equity. Based on these facts, Annan’s financial affidavit does not set forth his inability to pay
the mandated court fees.
12C3577 Annan vs. City of Romeoville et al
Page 1 of 2
STATEMENT
Annan’s Motion to Proceed In Forma Pauperis is denied because his financial affidavit does not set forth
his inability to pay the mandated court fees. Annan is free to pay the mandated filing fees and present
his Complaint to this Court again.
12C3577 Annan vs. City of Romeoville et al
Page 2 of 2
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