Jerry A. Smith v. MGM Property Management LLC, et al.

Summary

The court denies Jerry A. Smith’s motion to proceed in forma pauperis because the motion contains inconsistent financial information and does not establish inability to pay the filing fee. The complaint is dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), and Plaintiff is granted leave to refile a corrected IFP motion and complaint using the clerk-supplied form.

Holdings

1. Plaintiff's motion to proceed in forma pauperis was properly denied because it failed to establish that he was unable to prepay the filing fee and contained directly conflicting statements about his income.
2. An LLC may not proceed pro se or qualify for in forma pauperis treatment; if Plaintiff intended to bring claims on behalf of an LLC, the LLC must appear through a lawyer.
3. The complaint was dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii), with leave to refile a corrected complaint and a properly completed in forma pauperis motion.

Questions Presented

1. Whether Plaintiff established eligibility to proceed in forma pauperis under 28 U.S.C. § 1915(a).
2. Whether an LLC may proceed in forma pauperis without representation by counsel.
3. Whether the complaint should be dismissed without prejudice under 28 U.S.C. § 1915(e)(2)(B)(ii).

Disposition

dismissed