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Luna v. Human Resources Development Institute

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION


May 26, 2010

LAURA BETH LUNA, PLAINTIFF,
v.
HUMAN RESOURCES DEVELOPMENT INSTITUTE, INC., ET AL., DEFENDANTS.

The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge

MEMORANDUM ORDER

Laura Luna ("Luna") has brought this action against her ex-employer Human Resources Development Institute, Inc. and its Director of Human Resources Stephanie Griffin, asserting both a claim of violation of the FMLA and a Title VII claim of employment discrimination. But Luna has not paid the required $350 filing fee, tendering instead a filled-out In Forma Pauperis Application ("Application").*fn1

Luna's difficulty in that respect is that she reports that both she and her husband are employed, with an aggregate monthly income of $3,500, in addition to which she reflects her receipt of a pension of more than $1,100 during the preceding 12 months. That level of aggregate income provides an insufficient showing for a grant of in forma pauperis status. So Luna's Application is denied--but in recognition of the unlikelihood that the family unit has $350 in hand for payment of the filing fee, Luna is granted until August 27, 2010 to make that payment, failing which this Court would be constrained to dismiss this action for nonpayment of the fee.


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