Napoleon v. Plantation Bay Rehab Center

Filing 3

SUPPLEMENTAL BRIEFING ORDER re 2 MOTION for leave to proceed in forma pauperis filed by Myrlande Napoleon. Response due by 9/22/2006. Signed by Judge Karla R. Spaulding on 9/8/2006. (SJB, )

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Napoleon v. Plantation Bay Rehab Center Doc. 3 Case 6:06-cv-01313-GKS-KRS Document 3 Filed 09/08/2006 Page 1 of 2 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA O RLANDO DIVISION MYRLANDE NAPOLEON, Plaintiff, -vsPLANTATION BAY REHAB CENTER, Defendant. ______________________________________ Case No. 6:06-cv-1313-Orl-18KRS SUPPLEMENTAL BRIEFING ORDER This cause came on for consideration without oral argument on the application to proceed without prepayment of fees filed by Plaintiff Myrlande Napoleon. Doc. No. 2. Pursuant to Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004), the Court must consider both the applicant's assets and liabilities to determine whether the applicant "is unable to pay for the court fees and costs, and to support and provide necessities for himself and his dependants." The affidavit submitted by Napoleon indicates that she is currently employed. However, it does not indicate the amount of her salary or wages. Also, it does not contain a complete statement of her liabilities, including monthly expenses. Dockets.Justia.com Case 6:06-cv-01313-GKS-KRS Document 3 Filed 09/08/2006 Page 2 of 2 Accordingly, it is ORDERED that Napoleon shall supplement her application with a sworn statement setting forth the amount she receives in salary or wages from her current employer, and her liabilities, including monthly expenses. The supplemental application shall be filed on or before September 22, 2006. Failure to file a complete supplemental application by this date will result in a recommend that the motion to proceed in forma pauperis be denied and the complaint dismissed without further notice. DONE and ORDERED in Orlando, Florida on September 8, 2006. Karla R. Spaulding KARLA R. SPAULDING UNITED STATES MAGISTRATE JUDGE Copies furnished to: Counsel of Record Unrepresented Parties -2-

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