Mazora v. Arkansas Department of Human Services

Filing 13

ORDER denying 8 MOTION to Appoint Counsel filed by Tonya Mazora, and denying 7 MOTION for Leave to Proceed in forma pauperis filed by Tonya Mazora. Signed by Judge Kristine G. Baker on 3/7/13. (kpr)

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
WESTERN DIVISION
TONYA MAZORA
v.

PLAINTIFF
No. 4:12-cv-00801 KGB

ARKANSAS DEPARTMENT OF HUMAN SERVICES

DEFENDANT

ORDER
Plaintiff Tonya Mazora has renewed her request to proceed in forma pauperis and for
appointment of counsel (Dkt. No. 12). In support of her motion, Ms. Mazora submits the
decision of the Arkansas Board of Review finding that Ms. Mazora was discharged for reasons
other than misconduct and reinstating Ms. Mazora’s unemployment benefits. Ms. Mazora asks
the Court to reconsider her request to proceed in forma pauperis and for appointed counsel on
the basis that the Board of Review did not find any misconduct, dishonesty, or deceptive
behavior on her part.
The Court previously determined that Ms. Mazora has the resources to pay a filing fee
(Dkt. No. 9). The unemployment benefits Ms. Mazora stands to receive constitute additional
income. Therefore, Ms. Mazora’s renewed request to proceed in forma pauperis is denied. Ms.
Mazora is reminded that her failure to tender the $350 filing fee in full in accordance with the
Court’s February 27, 2013, Order may result in summary dismissal of her complaint.
In regard to appointment of counsel, the decision of the Arkansas Board of Review
demonstrates that Ms. Mazora is capable of investigating the facts of the case and presenting her
claims, at least at this stage. Therefore, Ms. Mazora’s motion for appointment of counsel is
denied at this time. If it appears at a later date that the Court and Ms. Mazora would benefit from
the appointment of counsel, Ms. Mazora may renew her motion.

***
For the foregoing reasons, Ms. Mazora’s renewed request to proceed in forma pauperis
and for appointment of counsel is denied (Dkt. No. 12).
SO ORDERED this 7th day of March, 2013.

____________________________________
Kristine G. Baker
United States District Judge

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