Williams v. Mayopoulus et al
ORDER Adopting 6 Report and Recommendation Denying Application to proceed in forma pauperis Granting 8 Motion filed by Otis Williams, III and giving deadline by which to refile Application. Signed by District Judge Paul D. Borman. (DTof)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
OTIS WILLIAMS, III,
Case No. 18-cv-10004
Paul D. Borman
United States District Judge
TIMOTHY J. MAYOPOULUS,
DAVID C. BENSON, PASCAL
BOILLAT, and FEDERAL NATIONAL
Elizabeth A. Stafford
United States Magistrate Judge
ORDER (1) ADOPTING REPORT RECOMMENDATION,
(2) DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS,
(3) REQUIRING SUBMISSION OF PROPERLY COMPLETED APPLICATION,
and (4) GRANTING PLAINTIFF’S MOTION TO POSTPONE (ECF NO. 8)
On February 2, 2018, Magistrate Judge Elizabeth A. Stafford issued a Report
and Recommendation to deny Plaintiff’s Application to Proceed In Forma Pauperis,
with instructions for Plaintiff to submit a properly completed IFP application. (ECF
No. 6, Report and Recommendation.)
Having reviewed the Report and
Recommendation, and there being no timely objections under 28 U.S.C. § 636(b)(1)
and E.D. Mich L.R. 72.1(d), the Court ADOPTS the Report and Recommendation,
and DENIES Plaintiff’s Application to Proceed In Forma Pauperis (ECF No. 2).
On February 22, 2018, Plaintiff filed a “Motion to Postpone/Adjourn Due to
Incarceration and Inability to Produce Requested Information.” (ECF No. 8.)
Plaintiff explains in his motion that due to his incarceration, he is unable to access the
information necessary to complete and submit a conforming Application to Proceed
In Forma Pauperis and requests a period of ninety (90) days additional time to submit
a conforming Application.
The Court GRANTS Plaintiff’s motion and instructs Plaintiff to submit a
properly completed Application to Proceed In Forma Pauperis, on or before June
4, 2018, disclosing the amount and identifying the source of any income as directed
in the Application, and otherwise properly and fully completing the IFP Application,
as ordered by the Magistrate Judge in her Report and Recommendation.
Failure to submit the fully completed and conforming Application on or before
June 4, 2018 will result in dismissal of this action without prejudice.
IT IS SO ORDERED.
s/Paul D. Borman
PAUL D. BORMAN
UNITED STATES DISTRICT JUDGE
Dated: March 13, 2018
CERTIFICATE OF SERVICE
The undersigned certifies that a copy of the foregoing order was served upon each
attorney or party of record herein by electronic means or first class U.S. mail on
March 13, 2018.
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