Brumfield v. Coody et al

Filing 52

FINDING Regarding In Forma Pauperis Status: Considering ptlfs response to 50 the Order of Court, the evidence showed that the pltf is indigent and has insufficient funds to pay the full appellate filing fee. Signed by Magistrate Judge Stephen C. Riedlinger on 2/9/2009. (JDL, )

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

SHEDRICK BRUMFIELD (#395469) VERSUS SHIRLEY COODY, ET AL CIVIL ACTION NUMBER 07-64-FJP-SCR

FINDING REGARDING IN FORMA PAUPERIS STATUS The United States Court of Appeals for the Fifth Circuit remanded this matter to the district court to clarify the

plaintiff's financial status. On January 6, 2009, the plaintiff was ordered to provide information regarding his current financial status and specifically account for the $10,000.00 he received in settlement of a prior civil rights lawsuit.1 Plaintiff filed a response.2

In his response, the plaintiff stated that the $10,000.00 settlement award was deposited in his prison inmate account, $2,800.00 was applied to his inmate account debt, and $3,400.00 was sent to his mother to secure the services of a criminal attorney. According to the plaintiff, his mother used the money to pay for repairs to her home. Plaintiff stated that he deposited $2,000.00

in a savings account at Hancock Bank but has withdrawn most of the

1

See Brumfield v. Cain, CV 03-486 (M.D. La. Dec. 19, 2006). Record document number 51.

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money to pay for court costs and canteen items.

Plaintiff filed

copies of his inmate account transaction information which showed that as of January 9, 2009, the plaintiff owed $518.40 for court costs. The evidence showed that the plaintiff is indigent and has insufficient funds to pay the full appellate filing fee. Baton Rouge, Louisiana, February 9, 2009.

STEPHEN C. RIEDLINGER UNITED STATES MAGISTRATE JUDGE

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