Pugh v. Balish et al

Filing 4

ORDERED that, within fourteen days from the date of this Order, Pugh shall disclose to the Court information regarding his IFP Motion. Signed by Magistrate Judge G. R. Smith on 10/28/2013. (loh)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LEON EDWARD PUGH, JR.
Plaintiff,
Case No. CV413-219

V.

WILLIAM BALISH, et al.,
Defendants.

ORDER
While in and out of prison Leon Edward Pugh, Jr. has filed a series
of lawsuits, each time seeking in forma pauperis (IFP) status to assist
with payment of his filing fees. See, e.g., Pugh v. Page, CV413-332, doc.
1 (M.D. Ga. Jul. 10, 2013); Pugh v. Humphrey, CV411-011, doc. 1 (M.D.
Ga. Feb 2, 2011); Pugh v. Walker, CV303-016, doe. 1 (S.D. Ga. Mar. 25,
2013); see also attached Georgia Department of Corrections record
showing that he is convicted felon now on parole.
He seeks the same IFP status in the instant case against seemingly
everyone who had anything to do with a restaurant job that he lost.
CV413-219, does. 1 & 2. In his IFP motion he claims high debt, only
$54/week take-home pay, and no other assets. Doe. 2 at 1-2. He also

alludes to an eviction proceeding against him from "Stillwater
Apartments."

Id. at 2. Yet, he is able to generate a word-processed

filing, doc. 1, which suggests he has access to a computer and printer.
The Court will grant leave to proceed IFP if the plaintiff
demonstrates that he cannot, because of his poverty, afford to pay the
costs of litigation and still provide for himself and any dependents. 28
U.S.C. § 1915. While a plaintiff need not be absolutely destitute in order
to proceed in forma pauperis, Adkins v. E.I. Dupont de Nemours, 335
U.S. 331, 339 (1948), the fact that financing his own litigation may cause
some difficulty is not sufficient to relieve a plaintiff of his obligation to
pay his own way where it is possible for him to do so without undue
hardship.
It is simply hard to believe that Pugh exists on $54 per week. Wary
of such claims, the Court in the past has demanded addional information
from dubious IFP movants. See, e.g., Robbins v. Universal Music Group,
CV412-292, 2013 WL 1146865 at * 1 (S.D. Ga. Mar. 19, 2013). It will do
likewise here. Therefore, within 14 days from the date of this Order,
Pugh shall disclose to the Court the following information:

2

(1)

What he spends each month for basic living expenses such as
food, clothing, shelter, and utilities, and the dollar value of
any public or private assistance he may receive;

(2)

Where he gets the money to pay for those expenses (include
all "off-the-books" income, whether in cash or in-kind);

(3)

Whether he owns an automobile or other means of
transportation and, if he does not, whether he has regular
access to same, as owned by another (including a rental
company);

(4)

Whether he possesses a cellular telephone, TV set, and any
home electronics equipment;

(5)

Whether he has any credit or debit cards;

(6)

Whether he is the account owner, or has signature power, as
to any accounts with a bank or other financial institution.

(7)

Whether he anticipates any (within the next year) future
income.
Finally, Pugh must again declare the facts he pleads to be true

under penalty of perjury.' If he does not use a preprinted IFP form to
respond (hence, if he uses a blank sheet of paper), he must insert this
above his signature: "I declare under penalty of perjury under the laws of
the United States of America that the foregoing is true and correct.
Executed on (date)." 28 U.S.C. § 1746(1).

1

He has done so on his IFP motion. Doc. 2 at 2.
3

SO ORDERED this day of October, 2013.
USES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA

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PUGH, LEON EDWARD JR
GJ)C TTh 0000873592

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PHYSICAL DESCRIPTION

YOB:
RACE:
GENDER:
HEIGHT:
WEIGHT:
EYE COLOR:
HAIR COLOR:

1974
BLACK
MALE
5'07"
170
BROWN
BLACK

SCARS, MARKS, TATTOOS

INCARCERATION DETAILS

MAJOR OFFENSE:
MOST RECENT INSTITUTION:
MAX POSSIBLE RELEASE
DATE:
Paroles website.

BURGLARY
SAVANNAH MENS TRANS-CTR
09/04/2015 Important Release Information
For parole information please go to Georgia State Board of Pardons and

ACTUAL RELEASE DATE:
CURRENT STATUS:

10/26/2005
PAROLE

KNOWN ALIASES

A.K.A.
A.K.A.
A.K.A.

PUGH,LEON
PUGH,LEON B
PUGH,LEON EDWARD

STATE OF GEORGIA - CURRENT SENTENCES

CASE NO: 358104
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:
CASE NO: 358104
OFFENSE:
CONVICTION COUNTY:
CRIME COMMIT DATE:
SENTENCE LENGTH:

BURG BEF 7/1/12
PIERCE COUNTY
09/05/1995
20 YEARS, 0 MONTHS, 0 DAYS
BURG BEF 7/1/12
PIERCE COUNTY
09/05/1995
20 YEARS, 0 MONTHS, 0 DAYS

STATE OF GEORGIA - PRIOR SENTENCES
STATE OF GEORGIA - INCARCERATION HISTORY

INCARCERATION BEGIN INCARCERATION END
04/11/1996
10/26/2005
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