Snider v. Burlerson et al

Filing 6

ORDER of Summary Dismissal. Signed by District Judge Matthew F. Leitman. (HRya)

Case 2:22-cv-12452-MFL-JJCG ECF No. 6, PageID.16 Filed 01/18/23 Page 1 of 3

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JOSHUA SNIDER,
Plaintiff,

Civil No. 22-cv-12452
Hon. Matthew F. Leitman

v.
BURLERSON, et. al.,
Defendants.
__________________________________________________________________/
ORDER OF SUMMARY DISMISSAL
Plaintiff, who has been discharged from the custody of the Michigan
Department of Corrections, filed a pro se civil rights complaint pursuant to 42 U.S.C.
§ 1983, but failed to submit either the $ 350.00 filing fee, plus the $ 52.00
administrative fee, or an application to proceed in forma pauperis. On December 5,
2022, the Clerk’s Office gave plaintiff notice that he had not paid the filing fee.
Plaintiff was given seven days to either pay the filing fee or to submit an application
to proceed in forma pauperis. The order warned plaintiff that his failure to timely
comply with the order could lead to the dismissal of the complaint. (ECF No. 5). To
date, plaintiff has failed to comply with the order.

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Case 2:22-cv-12452-MFL-JJCG ECF No. 6, PageID.17 Filed 01/18/23 Page 2 of 3

Once a prisoner is released from incarceration, his obligation to pay court fees
is determined, like any other nonprisoner, solely by whether he qualifies for the type
of in forma pauperis status that is available to all litigants. McGore v.
Wrigglesworth, 114 F.3d 601, 612 (6th Cir.1997), overruled on other grounds
by Jones v. Bock, 549 U.S. 199 (2007). However, all individuals, including both
prisoners and nonprisoners, who seek in forma pauperis status in federal court must
file a form or affidavit which identifies all of the assets possessed by that individual.
See Floyd v. U.S. Postal Service, 105 F.3d 274, 277 (6th Cir. 1997), superceded on
other grounds by Rule 24, Fed. R. App. P. Failure to file the required affidavit
mandates that the in forma pauperis request be denied. See id. Because plaintiff has
neither paid the $ 350.00 filing fee, plus the $ 52.00 administrative fee, nor filed any
documents in support of a request to proceed in forma pauperis, his complaint shall
be dismissed.
IT IS HEREBY ORDERED that the complaint is DISMISSED WITHOUT
PREJUDICE. Plaintiff is free to file a new complaint under a new case number
provided he pays the filing fee or submits an application to proceed in forma
pauperis.
/s/Matthew F. Leitman
MATTHEW F. LEITMAN
UNITED STATES DISTRICT JUDGE
Dated: January 18, 2023

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Case 2:22-cv-12452-MFL-JJCG ECF No. 6, PageID.18 Filed 01/18/23 Page 3 of 3

I hereby certify that a copy of the foregoing document was served upon the parties
and/or counsel of record on January 18, 2023, by electronic means and/or ordinary
mail.
s/Holly A. Ryan
Case Manager
[phone]

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