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- ilnd;;1:20-cv-03401_de7 RegisterActionDate "2020-07-17" @default.
- ilnd;;1:20-cv-03401_de7 RegisterActionDescriptionText "MINUTE entry before the Honorable John Robert Blakey: The federal in forma pauperis statute, 28 U.S.C. § 1915, is designed to ensure indigent litigants meaningful access to the federal courts while simultaneously preventing indigent litigants from filing frivolous, malicious, or repetitive lawsuits. Neitzke v. Williams, 490 U.S. 319, 324 (1989). Before authorizing a litigant to proceed in forma pauperis, the Court must make two determinations: first, the Court must determine that the litigant is unable to pay the $400 filing fee; and, second, the Court must determine that the action is neither frivolous nor malicious, does not fail to state a claim, and does not seek money damages against a defendant immune from such relief. 28 U.S.C. § 1915(a), (e). The first determination is made through a review of the litigant's assets as stated in an affidavit submitted to the Court. The second is made by looking to the plaintiff's allegations. An action is frivolous if it is clear that the legal theory or the facts alleged are baseless or irrational. Neitzke, 490 U.S. at 324; Denton v. Hernandez, 504 U.S. 25, 31 (1992). Applying these standards, Plaintiff's application for leave to proceed in forma pauperis 4 is denied. Initially, the application is incomplete as it fails to provide information concerning Plaintiff's spouse's employment or income. See 4 at 1, 2. More significantly, Plaintiff's application shows that Plaintiff received $18,000 in the past month in repayments on "loans" Plaintiff made, and further indicates that Plaintiff has $1,000 in the bank. Id. at 2. These representations, particularly the suggestion that Plaintiff had the capacity to loan $18,000 recently, make Plaintiff ineligible for pauper status. If Plaintiff wishes to proceed with this case, Plaintiff must pay the $400 filing fee by 8/7/20 or the case will be summarily dismissed. Mailed notice (gel, ) (Entered: 07/17/2020)" @default.
- ilnd;;1:20-cv-03401_de7 AdministrativeID "8" @default.
- ilnd;;1:20-cv-03401_de7 hasReferenceToOtherEntry ilnd;;1:20-cv-03401_de4 @default.