Holtzclaw v. Morales et al

Filing 5

The Court Orders Holtzclaw to resubmit his IFP application within 14 days from the date this Order is served. The Clerk is directed to serve with this Order a blank IFP form for Holtzclaw's convenience. (Compliance due by 5/3/2016.) Signed by Magistrate Judge G. R. Smith on 4/19/16. (wwp)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF GEORGIA
SAVANNAH DIVISION
LOYD W. HOLTZCLAW,
Plaintiff,
v.
WARDEN JOSE MORALES; DR.
AWE, Medical Director; MR.
JACKSON, Unit Manager; NURSE
JANE DOE; COASTAL STATE
PRISON,

Case No. CV416-068

Defendants.

ORDER
Proceeding pro se , Loyd Holtzclaw has filed a 42 U.S.C. § 1983
complaint against the prison housing him, Coastal State Prison, and
various Coastal employees. Doc. 1. He pleads deprivation of adequate
medical care after injuring himself trying to move from his wheelchair
(he has cerebral palsy) to the bed in a cell, that, he claims, is unsuited for
those with disabilities. For relief, Holtzclaw asks the Court to order
“that [he] be seen by a doctor,” $50,000 in damages, and for solitary
confinement cells at Coastal to be made handicap accessible. Doc. 1 at 6.

Holtzclaw also seeks leave to file his case in forma pauperis
(“IFP”), but the Court is not satisfied with his incomplete and unsworn
indigency affidavit. Doc. 2. He states that he last worked in 2008
earning $800 per month, and that he hasn’t earned any business or
rental income in the past twelve months.

Id.

He provides no other

information, nor a signature made under penalty of perjury. Id.
Under those circumstances, the Court ORDERS Holtzclaw to
resubmit his IFP application within 14 days from the date this Order is
served. This time, he must 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). The Clerk is DIRECTED to serve with
this Order a blank IFP form for Holtzclaw’s convenience. Failure to
comply with this directive will result in a recommendation of dismissal.

SO ORDERED, this 19th day of April, 2016.

L'NIIED STATES MAGISTRATE JUDGE
SOUTFLEIT DISTRICT OF GEORGIA

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