Miller v. Midtown Park Apartments

Filing 3

ORDER denying without prejudice 1 MOTION for Leave to Proceed in forma pauperis. Ms. Miller is directed to file a new and complete IFP application or pay the $402.00 filing fee within 30 days of this Order. Signed by Judge Kristine G. Baker on 1/17/2023. (jak)

THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
TAMECKA MILLER
v.

PLAINTIFF
Case No. 4:21-cv-00597-KGB

MIDTOWN PARK APARTMENTS

.

DEFENDANT

ORDER
Before the Court is pro se plaintiff Tamecka Miller’s motion to proceed in forma pauperis
(“IFP”) (Dkt. No. 1). To rule on such a motion, generally, the Court would examine Ms. Miller’s
IFP application to ascertain whether she has sufficient funds to pay the $402.00 civil filing fee. 28
U.S.C. § 1915(a) et seq. However, the Court lacks the requisite information to make that
determination because of Ms. Miller’s incomplete IFP application (Id.).
On the first page of her IFP application, Ms. Miller indicates that she makes “$1,733” (Id.).
However, she provides no indication of her pay period (Id.). Ms. Miller leaves the Court to guess
whether she makes $1,733.00 every two weeks, every month, or is paid on some other undefined
schedule (Id.). The Court will not assume the duration of Ms. Miller’s pay period (Id.). See
generally Madden v. Arkansas, No. 5:09CV00010JLH/BD, 2009 WL 856986, at *1 (E.D. Ark.
Mar. 30, 2009).

For the reasons set out above, the Court denies without prejudice Ms. Miller’s IFP
application and directs her to file a new and complete IFP application or pay the $402.00 filing fee
within 30 days of this Order (Dkt. No. 1). Under Local Rule 5.5(c)(2), failure to comply timely
with this Order may result in the Court dismissing without prejudice Ms. Miller’s complaint.
It is so ordered this 17th day of January, 2023.
_________________________________
Kristine G. Baker
United States District Judge

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