Johnson v. Wexford Health Sources, Inc

Filing 8

MEMORANDUM AND ORDER, denying 2 MOTION for Leave to Proceed in forma pauperis filed by Matthew Johnson. Signed by Judge J. Phil Gilbert on 5/25/2017. (jdh)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ILLINOIS MATTHEW JOHNSON, Plaintiff, V. Case No. 17-cv-387 JPG/SCW WEXFORD HEALTH SOURCES, INC., Defendant. MEMORANDUM AND ORDER After consideration of plaintiff’s response (doc.7) to the Show Cause Order (doc.5) this matter comes before the Court on the plaintiff’s motion for leave to proceed in forma pauperis expense (Doc. 2). A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1). Nevertheless, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. 28 U.S.C. § 1915(e)(2)(B)(i). The test for determining if an action is frivolous or without merit is whether the plaintiff can make a rational argument on the law or facts in support of the claim. Neitzke v. Williams, 490 U.S. 319, 325 (1989); Corgain v. Miller, 708 F.2d 1241, 1247 (7th Cir. 1983). When assessing a motion to proceed in forma pauperis, a district court should inquire into the merits of the plaintiff’s claims, and if the court finds them to be frivolous, it should deny leave to proceed in forma pauperis. Lucien v. Roegner, 682 F.2d 625, 626 (7th Cir. 1982). The Court does not find anything in the file to indicate that this action is frivolous or malicious. However, the Court is not satisfied from plaintiff’s affidavit that he is indigent. Therefore the Court DENIES the motion to proceed in forma pauperis without prepayment of fees and costs. (Doc. 2). Payment of the filing fee is due by June 12, 2017. Failure to pay the filing fee may result in dismissal of this matter. IT IS SO ORDERED. DATED: May 25, 2017 s/J. Phil Gilbert J. PHIL GILBERT DISTRICT JUDGE 2

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