GREEN MOUNTAIN FINANCIAL FUND LLC v. LACROIX et al

Filing 314

ORDER denying 261 Motion; denying 286 Motion for Leave to Proceed in forma pauperis; Based on the foregoing, and based on her failure to show that there is any valid basis on which to conclude that public funds could be expended on her behalf, Lo ri Rappaport LaCroixs requests to proceed as indigent [261 and 286] are DENIED. Her request to proceed on appeal in forma pauperis filed on October 27, 2011, will be addressed in a separate ruling. *** SEE ENTRY ***. cm. Signed by Judge Sarah Evans Barker on 11/7/2011. (CKM)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF INDIANA
GREEN MOUNTAIN FINANCIAL
FUND, LLC,
Plaintiff,
vs.
LORI RAPPAPORT LACROIX, et
al.,
Defendants/Third Party
Plaintiffs,
vs.
MARGUERITE DOWNS
RAPPAPORT, et al.,
Third Party Defendants.

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

1:09-cv-1216-SEB-TAB

ENTRY
The generally recognized rule is that a court may not authorize the commitment
of federal funds to underwrite the necessary expenditures of an indigent civil litigant's
action. Tyler v. Lark, 472 F.2d 1077 (8th Cir. 1973); Sturdevant v. Deer, 69 F.R.D. 17
(E.D.Wis. 1975); Clark v. Hendrix, 397 F.Supp. 966 (N.D.Ga. 1975); Ebenhart v. Power,
309 F.Supp. 660 (S.D.N.Y. 1969); Diaz v. Chatterton, 229 F.Supp. 19 (S.D.Cal. 1964).
The expenditure of public funds on behalf of an indigent litigant is proper only when
authorized by Congress. See United States v. MacCollom, 426 U.S. 317, 321 (1976);
Tedder v. Odel, 890 F.2d 210, 211 (9th Cir. 1989).
Based on the foregoing, and based on her failure to show that there is any valid
basis on which to conclude that public funds could be expended on her behalf, Lori
Rappaport LaCroix’s requests to proceed as indigent [261 and 286] are denied. Her
request to proceed on appeal in forma pauperis filed on October 27, 2011, will be
addressed in a separate ruling.
IT IS SO ORDERED.
11/07/2011
Date: _________________

_______________________________
SARAH EVANS BARKER, JUDGE
United States District Court
Southern District of Indiana

Distribution:
All electronically registered counsel
Lori Rappaport Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Sylvia Rappaport
1730 South Federal Highway #21
Delray Beach, FL 33483
Courtney Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Hunter Lacroix
1730 South Federal Highway #212
Delray Beach, FL 33483
Marguerite Downs Rappaport
55 Saint Marks Lane
Islip, New York 11751