Chapman v. Yellow Cab Cooperative et al

Filing 6

ORDER signed by Judge Rudolph T. Randa on 5/11/2015 DENYING 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. Chapman must pay $400 filing fee by 6/1/2015. (cc: via mail to Thomas Chapman) (cb)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
THOMAS EDWARD CHAPMAN,
Plaintiff,
-vs-

Case No. 15-C-533

YELLOW CAB COOPERATIVE,
WISCONSIN DEPARTMENT OF FINANCIAL INSTITUTIONS,
OFFICE OF SECRETARY OF STATE,
ALI MOHAMAD, and
GIRI PARSHUA,
Defendants.

DECISION AND ORDER
Pro se Plaintiff Thomas Edward Chapman seeks leave to proceed in
forma pauperis (“IFP”) in this action against the Defendants Yellow Cab
Cooperative, the Wisconsin Department of Financial Institutions, the
Office of Secretary of State, Ali Mohamad, and Giri Parshua. In order to
authorize a litigant to proceed IFP, 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) and (e)(2)(B)(i). The Court must deny a
request to proceed IFP if (1) the allegation of poverty is untrue; (2) the
action is frivolous; (3) the action fails to state a claim; or (4) the action
seeks monetary relief against an immune defendant. 28 U.S.C. §
1915(e)(2).

Chapman’s IFP petition indicates that he is married and has no
dependents. His monthly income is $3,962.79, and his monthly expenses
are $2,133.00. The difference between these sums is $1,829.79. Based on
the information provided, Chapman has not established that he is unable
to pay the current $400 fee for filing a civil action — a $350 filing fee and a
$50 administrative fee. Therefore, if Chapman wants to proceed further
with this action he must pay the fees no later than the stated deadline.
Failure to pay the $400 fee by the stated deadline will result in the
dismissal of this action.
NOW, THEREFORE, BASED ON THE FOREGOING, IT IS
HEREBY ORDERED THAT:
Chapman’s petition for leave to proceed IFP (ECF No. 2) is
DENIED; and,
Chapman MUST PAY the $400 fee for his action no later than
June 1, 2015.
Dated at Milwaukee, Wisconsin, this 11th day of May, 2015.
BY THE COURT:

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

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