Bell v. Florida Highway Patrol et al

Filing 5

REPORT AND RECOMMENDATION re 2 MOTION for leave to proceed in forma pauperis filed by Renee Bell.Signed by Judge David A. Baker on 12/9/2005. (EC1)

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Bell v. Florida Highway Patrol et al Doc. 5 Case 6:05-cv-01806-GAP-DAB Document 5 Filed 12/09/2005 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA ORLANDO DIVISION RENEE BELL, Plaintiff, -vsFLORIDA HIGHWAY PATROL & LARRY COSTANZO, Defendants. ______________________________________ Case No. 6:05-cv-1806-Orl-31DAB REPORT AND RECOMMENDATION TO THE UNITED STATES DISTRICT COURT This cause came on for consideration without oral argument on the following motion filed herein: MOTION: MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (Doc. No. 2) FILED: December 5, 2005 _____________________________________________________________ THEREON it is RECOMMENDED that the motion be DENIED. Upon submitting an affidavit of indigency, any court of the United States may authorize a party to proceed in forma pauperis. 28 U.S.C. 1915(a). A Court reviewing an Application for in forma pauperis status must first determine whether the Plaintiff is indigent, and then must determine whether the Complaint has arguable merit. A review of Plaintiff's Affidavit indicates that Plaintiff has a regular income of approximately $1,600 per month, plus she receives child support of $468.00 per month. Additionally, she is a Dockets.Justia.com Case 6:05-cv-01806-GAP-DAB Document 5 Filed 12/09/2005 Page 2 of 2 homeowner and has other assets of value. Plaintiff's income and assets, while fairly modest, are inconsistent with a claim of indigency and disqualify her from pauper status. As such, a review of the Complaint is unnecessary. It is respectfully recommended that the motion be denied and Plaintiff be required to pay the filing fee in order to proceed with her case. If this Report and Recommendation is adopted or approved and Plaintiff fails to pay the required filing fee within 11 days, the action should be dismissed. Failure to file written objections to the proposed findings and recommendations contained in this report within ten (10) days from the date of its filing shall bar an aggrieved party from attacking the factual findings on appeal. Recommended in Orlando, Florida on December 8, 2005. David A. Baker DAVID A. BAKER UNITED STATES MAGISTRATE JUDGE Copies furnished to: Presiding District Judge Unrepresented Party Courtroom Deputy -2-

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