Gonzalez v. United States Postal Service

Filing 5

ORDER regarding request to proceed in forma pauperis. Signed by Judge Howard T. Snyder on 1/19/2007. (LU)

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Gonzalez v. United States Postal Service Doc. 5 Case 3:07-cv-00024-TJC-HTS Document 5 Filed 01/19/2007 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA JACKSONVILLE DIVISION STEVEN R. GONZALEZ, Plaintiff, v. JOHN E. POTTER, POSTMASTER GENERAL, Defendant. ORDER This cause is before the Court on the request to proceed in forma pauperis contained in the Affidavit of Indigency (Doc. #2; Petition), filed January 16, 2007. Upon review, it appears CASE NO. 3:07-cv-24-J-32HTS Plaintiff may have sufficient resources to pay the required filing fee. Under 28 U.S.C. 1915, courts may permit a litigant to proceed in forma pauperis if the litigant avers in an affidavit that he or she is unable to bear the fees and costs concomitant with a lawsuit. Plaintiff has filed a sworn affidavit that shows he and his wife have annual income exceeding $65,000.00, with monthly obligations of approximately $2514.00. See Petition at 2- 4. As spousal income is relevant to the determination of indigency Dockets.Justia.com Case 3:07-cv-00024-TJC-HTS Document 5 Filed 01/19/2007 Page 2 of 2 under 28 U.S.C. 1915, it seems Plaintiff should not be considered indigent. See, e.g., Lee v. Wal-Mart Stores, Inc., No. 3:92-cvIn 465AS, 1993 WL 316756, at *3 (N.D. Ind. Aug. 18, 1993). addition, he owns outright two cars worth a combined $24,000.00 and has $1000.00 to $2000.00 in savings. Thus, the Court is Petition at 3. entering a report and contemplating recommendation that will suggest Plaintiff's request to proceed in forma pauperis be denied. However, he will first be provided an opportunity to furnish any additional information or arguments bearing on the issue. Of course, in lieu thereof, he is also free Accordingly, Mr. Gonzalez has to pay the required filing fee. eleven (11) days from the date of this Order within which to respond, and the Petition (Doc. #2) will be taken under advisement pending receipt of Plaintiff's response. DONE AND ORDERED at Jacksonville, Florida, this 19th day of January, 2007. /s/ Howard T. Snyder HOWARD T. SNYDER UNITED STATES MAGISTRATE JUDGE Copies to: All counsel of record and pro se parties, if any -2-

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