Lenk v. Semiconductor Component Industries LLC

Background

Kenneth Lenk filed a complaint and asked to proceed without paying the filing fee. The court denied that request and ordered him to pay the full $402 fee. After the payment deadline was extended, Lenk asked the court to reconsider the denial instead of paying the fee.

Lenk proceeded without a lawyer. He argued that his $100 monthly state unemployment benefits related to COVID-19 had ended. He also said he did not timely receive the order denying his fee request or the clerk’s notice concerning consent or declination to magistrate judge jurisdiction.

Court’s analysis

Local Rule 7-9 required a party to obtain the court’s permission before filing a motion for reconsideration. Lenk had not obtained that permission. Because he was representing himself, however, the court considered his request on the merits.

The court explained that reconsideration may be appropriate based on newly discovered evidence, clear error or manifest injustice, or an intervening change in controlling law. The court found that Lenk’s statement that he no longer received income justified requiring only a partial filing fee, although it noted that he had identified no other changes to the financial circumstances considered in the original decision, including his ownership of significant assets.

Ruling

The court ordered Lenk to pay one-half of the filing fee, $50, by February 5, 2021. It also extended the deadline to February 5, 2021, for him to file a consent or declination regarding magistrate judge jurisdiction. The order did not rule on the merits of Lenk’s claims against Semiconductor Component Industries, LLC.