Bounds v. Nurses Now LLC et al

Filing 4

ORDER signed by Judge Rudolph T. Randa on 6/27/2014 DENYING 2 Motion for Leave to Proceed in forma pauperis. On or before 7/28/2014 Bounds must pay $400 filing fee or file further documentation in support of his petition/application to proceed IFP. Failure to comply by stated deadline will result in dismissal of this action for lack of prosecution. (cc: via US mail to Willie Bounds) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
WILLIE RAY BOUNDS,
Plaintiff,
v.

Case No. 14-C-723

NURSES NOW LLC, and
WENDY GRANT,
Defendants.

DECISION AND ORDER

Pro se Plaintiff Willie Ray Bounds (“Bounds”) seeks leave to proceed in forma
pauperis on his civil action against Defendants Nurses Now LLC (“Nurses Now”), his
former employer, and Wendy Grant (“Grant”) arising from the termination of his
employment.

(ECF No. 2.)

Bounds filed a verified Complaint.1 (ECF No. 1.)

Liberally construed, Bounds states that his employment was terminated based on false
claims that he cheated Nurses Now out of time because office manager Grant claimed
she saw him at the Pick-N-Save grocery store at 4:00 p.m. on February 8, 2014.
Bounds states that Grant made a “great mistake” when she stated that he was the
1

By declaring under penalty of perjury that the Complaint is true, and by signing it, Bounds
converted the factual assertions in the Complaint, that are based on personal knowledge and would be
admissible into evidence, into an affidavit. See Ford v. Wilson, 90 F.3d 245, 246 (7th Cir. 1996).
The Court notes, however, that Bounds was not truthful in his Complaint. He answered “yes” to
question I.B. regarding prior federal and state lawsuits, identifying only his most recent action,
Bounds v. HealthSpan Inc., 14-C-713 (E.D. Wis.). However, Bounds also filed three additional
actions in this District: Bounds v. United Parcel Serv., No. 98-C-658; Bounds v. River Hills West
Healthcare Center, No. 08-C-745; and Bounds v. Cardinal Stritch University, No. 11-C-74. Bounds
is advised that making false statements under penalty could subject him to criminal prosecution.

person. (Compl. 3.) Bounds also states that after Grant became the office manager,
she had an issue with him for several reasons, including that she thought she was a
“plantation owner.” (Id. at 4.) Bounds also attached a dismissal and notice of rights
from the Equal Employment Opportunities Commission (“EEOC”).
In order to authorize a litigant to proceed in forma pauperis, the Court must
make two determinations: First, whether the litigant is unable to pay the costs of
commencing this action; and second, whether the action is frivolous or malicious. 28
U.S.C. §§ 1915(a)(1) and (e)(2)(B)(i).
By his petition and affidavit to proceed in forma pauperis,2 Bounds avers that
he is employed, single, and has no legal dependents. Bounds earns $850 per month.
Bounds does not own any valuable property that might be worth more than $1,000.
He has $12.50 in a checking account. His monthly expenses of $780 include $350 for
rent, $150 for groceries, $75 for utilities, $54 for a cell phone, and $150 for clothing.
Because Bounds was not truthful (see footnote one) in his Complaint, the
Court will require him to support his affidavit with records from his current
employer(s) and bank as to his financial status. In the Court’s view, Bounds has not
satisfied the requirements of 28 U.S.C. § 1915(a) and will be required to pay the fee
for filing this action unless further documentation in support of his petition and
affidavit is offered. The cost of filing this civil action is $400.00. This includes the

2

Some of the facts and figures are different than those provided three days earlier in Bounds
v. HealthSpan et al., No. 14-C-713 (E.D. Wis.).

-2-

$350.00 statutory filing fee and a $50.00 administrative fee.

If Bounds fails to

comply with this Court’s order by the stated deadline, this action will be dismissed for
lack of prosecution without further order of the Court.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS HEREBY
ORDERED THAT:
Bounds’ request to proceed in forma pauperis (ECF No. 2) is DENIED; and
On or before July 28, 2014, Bounds must pay the $400 cost for filing this
action, or he may file further documentation in support of his petition and affidavit for
leave to proceed in forma pauperis.
Dated at Milwaukee, Wisconsin, this 27th day of June, 2014.

BY THE COURT:

__________________________
HON. RUDOLPH T. RANDA
U.S. District Judge

-3-