Abdullah v. Plant City Police Department et al

Filing 9

ORDER granting 7 Motion for Reconsideration and granting Plaintiff leave to proceed in forma pauperis. Signed by Magistrate Judge Julie S. Sneed on 7/18/2016. (LBL)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
AL-RASHID MUHAMMAD ABDULLAH,
Plaintiff,
v.

Case No: 8:16-cv-1182-T-27JSS

PLANT CITY POLICE DEPARTMENT
and FLORIDA DEPARTMENT OF
HIGHWAY SAFETY AND MOTOR
VEHICLES,
Defendants.
___________________________________/
ORDER ON PLAINTIFF’S MOTION FOR RECONSIDERATION
THIS MATTER is before the Court on Plaintiff’s Motion for Reconsideration (“Motion”).
(Dkt. 7). Upon consideration of the Motion, Plaintiff’s Affidavit of Indigency (Dkt. 5), and the
Complaint (Dkt. 1), the Motion is granted and Plaintiff is granted leave to proceed in forma
pauperis.
Plaintiff filed an Affidavit of Indigency (Dkt. 5), which the Court construed as a motion
for leave to proceed in forma pauperis. Upon review of the Affidavit, the Court denied Plaintiff’s
motion to proceed in forma pauperis because Plaintiff had sufficient funds to pay the required
filing fee while still being able to provide for himself and his dependents. (Dkt. 6.) Specifically,
the Court determined that Plaintiff had sufficient funds because he received $2,500.00 in gifts or
inheritances and $2,500.00 from unspecified sources in the twelve months preceding his filing the
Affidavit and Plaintiff’s monthly obligations totaled only $390.00 per month. (Id.)
After entry of the Court’s order, Plaintiff filed the Motion, in which he requests that the
Court reconsider its denial of his motion to proceed in forma pauperis. (Dkt. 7.) In the Motion,
Plaintiff avers that he no longer has the vast majority of the $5,000.00 he received in the twelve

months preceding his filing the Affidavit because he spent $4,529.34 on disputed, delinquent taxes.
(Id. at ¶ 1.) Considering Plaintiff’s averment in the Motion in conjunction with the Affidavit,
Plaintiff has $470.66 remaining after payment of his disputed, delinquent taxes, plus $75.00 in a
bank account. (Dkts. 5, 7.) Plaintiff is unemployed and has monthly expenses totaling $390.00
per month. (Dkt. 5.) In light of the foregoing, it appears that Plaintiff does not have assets
sufficient to pay the required filing fee as well as provide necessities for himself and his two
dependents. Accordingly, it is
ORDERED:
1.

Plaintiff’s Motion for Reconsideration (Dkt. 7) is GRANTED.

2.

Plaintiff is granted leave to proceed in forma pauperis.

3.

Plaintiff is directed to complete and return the “Summons in a Civil Case” forms1

to the Clerk within twenty-one (21) days of this Order, whereupon the United States Marshal is
directed to serve this summons on the appropriate parties.
DONE and ORDERED in Tampa, Florida on July 18, 2016.

Copies furnished to:
Unrepresented Party

1

This form, listed as “Summons/Civil,” can be found at the “Forms” section, “Civil” subsection, of this Court’s
website at http://www.flmd.uscourts.gov. If Plaintiff does not have access to the Internet to download this form,
Plaintiff may obtain the form by contacting the Clerk’s Office at 813-301-5400.

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