acting pro se, filed suit against McDonald's Corporation
alleging wrongful termination based upon race in violation of Title VII of the Civil
Rights Act of 1964, 42 U.S.C. §§ 2000e to 2000e-17, as well as violations of the
Family and Medical Leave Act and harassment in violation of 42 U.S.C. § 1981. Lee's
motion to proceed in forma pauperis was granted by a magistrate judge, and his
complaint was filed in the district court. Lee requested appointment of counsel, which
the district court granted. The court subsequently discovered that Lee misstated his
wife's income and the value of some of her assets on his affidavit. Further, he
misrepresented the amount of equity in his home. On this basis, the district court
determined that it was required by statute to dismiss Lee's claim. The court did not find
thatno property,
understating his wife's monthly income, and failing to report his earnings from his

                                          -2-
McDonald's job and his subsequent unemployment benefits. Attached to defendant's
motion were references to Lee's deposition testimony and deposition exhibits. Lee
responded by admitting that he did not list his 1988 GMC truck in his original financial
affidavit and he estimated its value at $800. He stated that he regrets the omission and
did not intend to misrepresent his financial condition. He also argued that he did list
property he owned by including his home in the original