Jackson v. Michelin

Filing 5

OPINION and ORDER denying 3 MOTION to Appoint Counsel, denying 2 Application to Proceed Without Prepayment of Fees, and dismissing withut prejudice 1 Complaint. Signed by District Judge Arthur J. Tarnow. (CPic)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
DONNELL D. JACKSON,
Plaintiff,
v.

CASE NO. 2:13-CV-10203
HONORABLE ARTHUR J. TARNOW

CRAIG MICHELIN, et al.,
Defendants.
_____________________________________/
OPINION AND ORDER DENYING PLAINTIFF’S APPLICATION TO PROCEED
WITHOUT PREPAYMENT OF FEES AND COSTS AND DISMISSING WITHOUT
PREJUDICE HIS CIVIL RIGHTS COMPLAINT
AND MOTION FOR APPOINTMENT OF COUNSEL
Plaintiff Donnell D. Jackson, a federal prisoner currently confined at the Federal Correctional
Institution in Milan, Michigan, has filed a pro se civil rights complaint pursuant to 42 U.S.C. § 1983
and Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971), 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, he had a current
spendable balance of $2,008.17 in his prison account as of January 7, 2013 when an administrative
officer at the prison certified his financial statement. The Court concludes from the financial data
before it that Plaintiff has not established indigence and that he should be able to prepay the filing
fee for this action.
Accordingly, the Court DENIES Plaintiff's application to proceed without the prepayment
of fees and costs and DISMISSES his civil rights complaint and his motion for appointment of
counsel WITHOUT PREJUDICE. Plaintiff may refile his complaint as a new action with payment

of the $350.00 filing fee. The Court makes no determination as to the merits of the complaint at this
time.
IT IS SO ORDERED.

S/Arthur J. Tarnow
Arthur J. Tarnow
Senior United States District Judge
Dated: January 30, 2013
I hereby certify that a copy of the foregoing document was served upon parties/counsel of record
on January 30, 2013, by electronic and/or ordinary mail.
S/Catherine A. Pickles
Judicial Assistant

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