Wittman v. Reaume et al

Filing 4

OPINION AND ORDER DENYING THE PLAINTIFFS APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES AND COSTS AND DISMISSING THE CIVIL RIGHTS COMPLAINT WITHOUT PREJUDICE re 2 Application to Proceed Without Prepaying Fees or Costs Signed by District Judge Gershwin A. Drain. (Bankston, T)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

BRIAN STANLEY WITTMAN,
Case Number: 2:14-CV-12421

Plaintiff,

HONORABLE GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE

v.
ROSEMARY REAUME, ET AL.,
Defendants.
/

OPINION AND ORDER DENYING THE PLAINTIFF’S APPLICATION
TO PROCEED WITHOUT PREPAYMENT OF FEES AND COSTS AND
DISMISSING THE CIVIL RIGHTS COMPLAINT WITHOUT PREJUDICE
Plaintiff Brian Stanley Wittman, a state prisoner currently confined at the Carson City
Correctional Facility in Carson City, 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 the civil rights 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 $804.12 in his prison account as of June 18, 2014 when an
administrative officer at the prison certified his 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 him to go without necessary
incidentals. See Lyon v. Krol, 127 F.3d 763, 765 (8th Cir. 1997). 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 the complaint WITHOUT PREJUDICE.
Plaintiff may refile his complaint as a new action with payment of the $350.00 filing fee and
administrative fee of $50.00 (for a total of $400.00). The Court makes no determination as
to the merits of the complaint.
IT IS SO ORDERED.

/s/Gershwin A Drain
GERSHWIN A. DRAIN
UNITED STATES DISTRICT JUDGE
Dated: July 9, 2014

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