United States District Court, C.D. Illinois
December 22, 2005.
JOHN E. COVINGTON, Plaintiff,
MITSUBISHI MOTOR MANUFACTURING OF AMERICA, and UNITED AUTO WORKERS UNION LOCAL 2488, Defendants.
The opinion of the court was delivered by: JOE McDADE, Chief Judge
Before the Court is Plaintiff's Application to Proceed Without
Prepayment of Fees [Doc. # 1]. The Court previously denied
Plaintiff's Application to Proceed Without Prepayment of Fees
because his Complaint failed to state a claim for which relief
could be granted. After Plaintiff paid the $255.00 appellate
filing fee, the Court of Appeals reversed this Court's decision
finding that Plaintiff had stated a claim. This Court then
ordered Plaintiff to explain, in writing, how he acquired the
funds to pay the appellate filing fee in view of his
representations in his original IFP application and to report his
current household income. Plaintiff has now done so, indicating
that he borrowed the money to pay the filing fee from friends and
relatives, and that his gross income for this year was $900.
Accordingly, the Court finds that Plaintiff is unable to pay
the applicable filing fee.
IT IS THEREFORE ORDERED that Plaintiff's Application to Proceed
Without Prepayment of Fees [Doc. # 1] is GRANTED. IT IS FURTHER ORDERED that the clerk issue summons and the
United States Marshal serve a copy of the Complaint, Summons, and
this Order upon Defendant as directed by the Plaintiff. All costs
of service shall be advanced by the United States.
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