McFarland-Laswson v. US Department of Housing and Urban Development et al

Filing 135

ORDER signed by Magistrate Judge William E Duffin on 10/30/2019. The plaintiff Jamesetta McFarland-Lawson's motion for reconsideration (ECF No. 132 ) and renewed motion for leave to appeal without prepayment of the filing fee (ECF No. 133 ) are granted. (cc: all counsel, plaintiff) (mlm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
JAMESETTA MCFARLAND-LAWSON,
Plaintiff,
v.

Case No. 16-CV-685

BENJAMIN J. CARSON, SR.,
Secretary of the Department of Housing
and Urban Development,
Defendant.
ORDER
Before the court is Plaintiff Jamesetta McFarland-Lawson’s motion for
reconsideration (ECF No. 132) and renewed motion for leave to appeal without
prepaying the filing fee (ECF No. 133). McFarland-Lawson subsequently filed another
motion for leave to appeal without prepaying the filing fee. (ECF No. 134.) Judge Jones
had denied her initial request. (ECF No. 131.)
In her motion for reconsideration, McFarland-Lawson states that she made an
error in completing her affidavit. (ECF No. 132 at 1.) She claims that she misunderstood
“[a]verage monthly amount during the past 12 months” to mean her yearly income. (Id.)
Therefore, she mistakenly thought she was writing that $4,800 was her yearly income, not

monthly. (Id.) In his order, Judge Jones discussed her purported monthly income. (ECF
No. 131 at 2 (“Ms. McFarland-Lawson’s motion is supported by an affidavit that
demonstrates her current financial situation. Although she lists no official employment
during the past two years, she claims to receive $4,800 per month from self-employment
over the last year.”) (internal citations omitted).)
Having reviewed McFarland-Lawson’s renewed request, the court concludes that
she lacks the financial resources to prepay the fees and costs associated with this action.
The court also notes that, in Judge Jones’s order denying her first motion for leave to
appeal with prepaying the filing fee, Judge Jones did not make a finding that this appeal
was not done in good faith. (ECF No. 131; see 28 U.S.C. § 1915(a)(3) (“An appeal may not
be taken in forma pauperis if the trial court certifies in writing that it is not taken in good
faith.”).) Therefore, McFarland-Lawson’s motion to leave to appeal without prepaying
the filling fee will be granted.
IT

IS

THEREFORE

ORDERED

that

McFarland-Lawson’s

motion

for

reconsideration (ECF No. 132) and renewed motion for leave to appeal without
prepayment of the filing fee (ECF No. 133) are granted.
Dated at Milwaukee, Wisconsin this 30th day of October, 2019.

_________________________
WILLIAM E. DUFFIN
U.S. Magistrate Judge

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