Woods et al v. Donalds (INMATE 2)

Filing 6

ORDER TO SHOW CAUSE that on or before 3/5/09, Plaintiff shall show cause why his 2 Application to Proceed Without Prepayment of Fees and Affidavit filed by Timothy Woods should not be denied. Show Cause Response due by 3/5/2009. Signed by Honorab le Charles S. Coody on 2/19/09. (vma, ) Modified on 2/19/2009 - to correct docket text - to show Plaintiff shall show cause why his 2 Application to Proceed Without Prepayment of Fees and Affidavit filed by Timothy Woods should not be denied. (vma, ).

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF ALABAMA NORTHERN DIVISION _____________________________ TIMOTHY WOODS, et al., Plaintiffs, v. OFFICER DONALDS, et al., Defendants. _____________________________ * * * * * 2:09-CV-113-WHA (WO)

ORDER Pending before the court is Plaintiff's February 13, 2009 request for leave to proceed in forma pauperis in which he indicates that he has not received money from any sources within the last twelve months. (Doc. No. 2.) The court's records, however, indicate that Plaintiff is alleged to have had a source of income within a year of filing his civil case in this court. The court may take judicial notice of its own records. See U.S. v. Glover, 179 F.3d 1300, 1303 n.5 (11th Cir. 1999). Thus, the court takes judicial notice of an affidavit filed in U.S. v. Woods, No. 2:09-mj-10-CSC, in which Plaintiff is alleged to have possessed stolen checks and to have purchased with the income derived from those checks a number of items which were delivered to his address at 624 Mildred Street, Montgomery, Alabama 36104, within a year of filing his motion to proceed in forma pauperis. In general, finances derived from any source, including an illegal source, are reportable as income. See, e.g., U.S. v. Bakarat, 130 F.3d 1448 (11th Cir. 1997); U.S. v. Scrima, 819 F.2d 996, 999 (11th Cir. 1987);

U.S. v. Palmer, 809 F.2d 1504, 1505-06 (11th Cir. 1987); U.S. v. Edwards, 777 F.2d 644, 651-52 (11th Cir. 1985). Accordingly, it is ORDERED that on or before March 5, 2009 Plaintiff shall show cause why his motion for leave to proceed in forma pauperis should not be denied. Done, this 19th day of February 2009.

/s/ Charles S. Coody CHARLES S. COODY UNITED STATES MAGISTRATE JUDGE

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