Hann v. Michigan, State of et al

Filing 173

ORDER Denying 172 Application to Proceed In Forma Pauperis on Appeal filed by Gary Hann. Signed by District Judge Paul D Borman. (SJa)

Hann v. Michigan, State of et al

Doc. 173

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION GARY S. HANN, Plaintiff-Appellant, v. MARGIE R. McNUTT, et al. Defendants-Appellees _____________________________/ ORDER DENYING PLAINTIFF-APPELLANT'S MOTION TO PROCEED IN FORMA PAUPERIS (IFP) ON APPEAL Appellant contends in his Motion that individual retirement accounts ("IRAs") are not considered in determining indigence, claiming as authority United States v. Lexin, 434 F.Supp.2d 836 (S.D.Cal. 2006), a case determining indigence under the Criminal Justice Act, 18 U.S.C. § 3006A. Although that decision has not been overruled, this Court does not adopt it and concludes that IRA(s) should be considered in determining an individual's request for in forma pauperis status. This Court adopts the court's reasoning in In the Matter of the Extradition of Jayant Mukundray Patel, No. 08-MJ-430, 2008 WL 896069 (D.Or. March 29, 2008). In Patel, the court concluded that Dr. Patel did not qualify for appointed counsel under the Criminal Justice Act, 18 U.S.C. § 3006A, because he had significant assets in his IRA. This Court agrees with the Patel court's discussion of Lexin: I do not find the decision persuasive and I note it is not binding on this court. First, the Lexin court held that the defendants there were entitled to court-appointed counsel even considering all of 1 CIVIL CASE NO. 05-71347 PAUL D. BORMAN UNITED STATES DISTRICT JUDGE

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the defendants' assets, including their IRAs. . . . Thus, the court's holding that the IRAs should not be considered is properly treated as dicta in regard to any decision on the actual appointment of counsel. Patel, 2008 WL 896069 at *2. This Court concludes that certainly in this civil matter seeking in forma pauperis status on appeal, Petitioner's IRA account(s) must be divulged to the Court. Insofar as Petitioner has refused to divulge this information, this Court denies his Motion to Proceed In Forma Pauperis on Appeal.

SO ORDERED. S/Paul D. Borman PAUL D. BORMAN UNITED STATES DISTRICT JUDGE Dated: November 16, 2010 CERTIFICATE OF SERVICE Copies of this Order were served on the attorneys of record by electronic means or U.S. Mail on November 16, 2010. S/Denise Goodine Case Manager

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