Timothy Lett v. United Association of Plumbers and Steamfitters, et al.

Summary

The document is an order and report and recommendation in Timothy Lett’s civil action against the United Association of Plumbers and Steamfitters and other defendants. The magistrate judge recommends denying Plaintiff’s second application to proceed in forma pauperis, grants a 30-day extension to pay the filing fee if the recommendation is adopted, denies the first in forma pauperis motion as moot, and denies without prejudice a motion to preserve evidence. The document also explains the procedure and deadline for objections under 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedure 72(b).

Holdings

1. Plaintiff's revised financial affidavit did not establish that payment of the one-time filing fee would deprive him of the necessities of life; the second in forma pauperis motion should therefore be denied, and the first motion was denied as moot.
2. Plaintiff's request for a 30-day extension to comply with the Court's order or pay the filing fee should be granted.
3. Plaintiff was not entitled to a preservation order because his generalized assertion that evidence might be subject to routine deletion or alteration did not demonstrate a real danger of evidence destruction or otherwise satisfy the requirements for such an order.

Questions Presented

1. Whether Plaintiff demonstrated sufficient financial need to proceed in forma pauperis.
2. Whether Plaintiff was entitled to a 30-day extension to pay the filing fee or comply with the Court's order.
3. Whether Plaintiff demonstrated the circumstances necessary for an order requiring Defendants to preserve evidence.

Disposition

other