Williams v. Mayopoulus et al

Filing 10

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)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION OTIS WILLIAMS, III, Plaintiff, Case No. 18-cv-10004 v. Paul D. Borman United States District Judge TIMOTHY J. MAYOPOULUS, DAVID C. BENSON, PASCAL BOILLAT, and FEDERAL NATIONAL MORTGAGE ASSOCIATION, Elizabeth A. Stafford United States Magistrate Judge Defendants. _________________________________/ 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). 1 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 2 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. s/Deborah Tofil Case Manager 3

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