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Steele v. Uchtman
June 9, 2006
ANTHONY STEELE, PLAINTIFF,
v.
ALAN UCHTMAN, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Reagan, District Judge
The Court previously denied Plaintiff's motion to proceed in forma pauperis, finding that Plaintiff had blatantly misrepresented his previous litigation history. Now before the Court is Plaintiff's motion for reconsideration (Doc. 5), accompanied by a new motion for leave to proceed in forma pauperis (Doc. 6). Plaintiff explains that his misrepresentation was not designed to mislead the Court. Instead, he believed that his settled cases had essentially been expunged, and thus he thought he need not mention those cases. Giving Plaintiff the benefit of the doubt, the Court will accept this explanation. Therefore, the motion for reconsideration is GRANTED.
The Court now finds that Plaintiff is indigent and unable to pay the full filing fee in advance; therefore, leave to proceed in forma pauperis is GRANTED. Since Plaintiff was released from custody shortly after he filed this action, the Court cannot now assess and collect the filing fee pursuant to 28 U.S.C. § 1915.
MICHAEL J. REAGAN United States District Judge
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