Peterson v. Burris et al
OPINION and ORDER denying 4 Application to Proceed Without Prepaying Fees or Costs and Dismissing 1 Complaint Without Prejudice. Signed by District Judge Thomas L. Ludington. (SGam)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
ANGEL PETERSON, #240544,
Case Number 1:14-CV-13000
Honorable Thomas L. Ludington
ROCKY BURRIS, et al.,
OPINION AND ORDER DENYING PLAINTIFF’S APPLICATION TO
PROCEED WITHOUT PREPAYMENT OF FEES AND COSTS AND
DISMISSING WITHOUT PREJUDICE HER CIVIL RIGHTS COMPLAINT
Plaintiff Angel Peterson, a state prisoner currently confined at the Huron Valley Women’s
Correctional Facility in Ypsilanti, Michigan, has filed a pro se civil rights complaint pursuant to 42
U.S.C. § 1983 and an application to proceed without prepaying the fees and costs for this action
pursuant to 28 U.S.C. § 1915(a).
Although Plaintiff allegedly lacks funds to pay the filing fee for this action, she states that
she received $33,763.31 from a lawsuit, that she has $11,007.11 in a checking account, that she has
a mutual fund worth $5,959.22, and that she has a current spendable balance of $221.27 in her prison
account as of August 12, 2014 when an administrative officer at the prison certified her financial
statement. Moreover, the Court notes that the government provides Plaintiff with food, clothing,
and shelter such that requiring payment of the filing fee for this action will not force her to go
without necessary incidentals. See Lyon v Krol, 127 F.3d 763, 765 (8th Cir. 1997). The available
financial data provided by Plaintiff has not established indigence.
Accordingly, it is ORDERED that Plaintiff’s application to proceed without the prepayment
of fees and costs, ECF No. 4, is DENIED.
It is further ORDERED that and Plaintiff’s civil rights complaint is DISMISSED
WITHOUT PREJUDICE . Plaintiff may refile her complaint as a new action with payment of the
$350.00 filing fee and the $50.00 administrative fee ($400.00 total). The Court makes no
determination as to the merits of the complaint at this time.
s/Thomas L. Ludington
THOMAS L. LUDINGTON
United States District Judge
Dated: September 10, 2014
PROOF OF SERVICE
The undersigned certifies that a copy of the foregoing order was served
upon Angel Peterson #240544 at Huron Valley Complex - Womens,
3201 Bemis Road, Ypsilanti, MI 48197 by first class U.S. mail on
September 10, 2014.
s/Tracy A. Jacobs
TRACY A. JACOBS
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