Yu #835965 v. Clement et al

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
JIE YU #835965,
Plaintiff, 	Hon. Paul L. Maloney
v. 	Case No. 1:25-cv-01322
ELIZABETH T. CLEMENT, et al.,
Defendant.
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REPORT AND RECOMMENDATION
Plaintiff initiated this action on October 21, 2025 in the Eastern District of
Michigan, and filed an application to proceed in forma pauperis (IFP), but Plaintiff did
not attach the requisite financial documents. (ECF No. 1, 2). The case was then
transferred to this Court. (ECF Nos. 4, 5). The undersigned ordered Plaintiff to
correct the deficiencies in her IFP application. (ECF No. 8). Plaintiff failed to cure
the deficiencies or pay the filing fee as ordered. The undersigned then ordered Plaintiff
to show cause “as to why her case should not be dismissed for want of prosecution.”
(ECF No. 11, PageID.24). According to Plaintiff’s unverified response, she seemed to
think that checking a box on her IFP application automatically ordered the requisite
financial documents. (ECF No. 12, PageID.25). But the box she checked on her
application is an acknowledgment that inmate applicants are responsible for attaching
the financial documents to the application form and confirmation that such documents
are attached. (ECF No. 2, PageID.30). Ultimately, Plaintiff still has not provided the
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requisite financial documents. Pursuant to 28 U.S.C. § 636(b)(1)(B), the undersigned
recommends that Plaintiff’s complaint be dismissed.
ANALYSIS
Plaintiff is currently incarcerated at the Women’s Huron Valley Correctional
Facility. Under the provisions of the Prison Litigation Reform Act of 1995, if a prisoner
wishes to proceed IFP, the prisoner must file a certified copy of a prisoner trust account
statement and an affidavit of indigence. 28 U.S.C. § 1915(a)(2); McGore v.
Wrigglesworth, 114 F.3d 601, 605 (6th Cir. 1997). Plaintiff failed to file the required
affidavit of indigence and trust account statement in order to proceed IFP or to pay the
applicable fees, although the undersigned advised Plaintiff of these deficiencies. (ECF
No. 8, PageID.5). Accordingly, the undersigned judicial officer recommends that the
Court dismiss the complaint without prejudice for want of prosecution based upon her
failure to comply with the deficiency order. See, e.g., Erby v. Kula, 113 F. App’x 74, 75-
76 (6th Cir. 2004).
CONCLUSION
For the reasons discussed herein, the undersigned recommends that Plaintiff’s
complaint be dismissed without prejudice. For the same reasons the undersigned
makes these recommendations, the undersigned further recommends that an appeal
of this matter by Plaintiff would not be in good faith. Coppedge v. United States, 369
U.S. 438, 445 (1962).
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OBJECTIONS to this Report and Recommendation must be filed with the Clerk
of Court within fourteen days of the date of service of this notice. 28 U.S.C.
§ 636(b)(1)(C). Failure to file objections within the specified time waives the right to
appeal the District Court’s order. See Thomas v. Arn, 474 U.S. 140 (1985); see also
States v. Walters, 638 F.2d 947 (6th Cir.1981).
Respectfully submitted,
Dated: May 20, 2026 	/s/ Phillip J. Green
PHILLIP J. GREEN
United States Magistrate Judge
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