Lleras-Rodriguez 38558-018 v. GEO Group, Inc., The

Opinion

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION ______

LEONARDO LLERAS-RODRIGUEZ,

Plaintiff, Case No. 1:21-cv-787

v. Honorable Ray Kent

THE GEO GROUP, INC. et al.,

Defendants. ____________________________/ ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS – SUFFICIENT FUNDS This is a civil rights action brought by a state prisoner under 42 U.S.C. § 1983. The filing fee for a civil action is $402.00.1 Plaintiff seeks leave to proceed in forma pauperis. However, financial documents Plaintiff has filed with his motion disclose that his spendable balance when he filed his motion was $1,422.37. Because Plaintiff has sufficient funds to pay the filing fee, the Court will deny Plaintiff’s motion. The Court should only grant leave to proceed in forma pauperis when it reasonably appears that paying the cost of this filing fee would impose an undue financial hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). It is not unreasonable to require a prisoner to devote a portion of his discretionary funds to defray a fraction of the costs of his litigation. See Lumbert v. Ill. Dep’t of Corr., 827 F.2d 257, 267 (7th Cir. 1987). Plaintiff has more than sufficient

1 The filing fee for a civil action is $350.00. 28 U.S.C. § 1914(a). The Clerk is also directed to collect a miscellaneous administrative fee of $52.00. 28 U.S.C. § 1914(b); https://www.uscourts.gov/services-forms/fees/district-court- miscellaneous-fee-schedule. The miscellaneous administrative fee, however, “does not apply to applications for a writ of habeas corpus or to persons granted in forma pauperis status under 28 U.S.C. § 1915.” Id. funds to pay his $402.00 filing fee. Therefore, Plaintiff is not entitled to proceed in forma pauperis in this action. Accordingly, IT IS ORDERED that leave to proceed in forma pauperis on appeal is DENIED. Plaintiff has twenty-eight (28) days from the date of entry of this order to pay the civil action filing

fees, which total $402.00. When Plaintiff pays his filing fees, the Court will screen his complaint as required by 28 U.S.C. § 1915A and 42 U.S.C. § 1997e(c). If Plaintiff does not pay the filing fees within the 28-day period, this case will be dismissed without prejudice, but Plaintiff will continue to be responsible for payment of the $402.00 filing fees.

Dated: October 5, 2021 /s/ Ray Kent Ray Kent United States Magistrate Judge

SEND REMITTANCES TO THE FOLLOWING ADDRESS:

Clerk, U.S. District Court 399 Federal Bldg. 110 Michigan St., N.W. Grand Rapids, MI 49503

All checks or other forms of payment shall be payable to “Clerk, U.S. District Court.”