Moffatt v. Department of the Treasury, Secretary of

Filing 4

ORDER denying 2 Application to Proceed In Forma Pauperis and 3 Motion to Appoint Counsel. Signed by District Judge Sean F Cox. (DWor)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Claude W. Moffatt, Plaintiff(s), v. Department of the Treasury, Defendant(s). ________________________________________________/ ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND FOR APPOINTMENT OF COUNSEL Plaintiff submitted his Complaint and Application to Proceed in forma pauperis and for Appointment of Counsel on June 16, 2009. The Court has reviewed Plaintiff's Application and has determined that he is not entitled to proceed in forma pauperis. Plaintiff's income is $2,200.00 per month, and the financial information in the application does not indicate that Plaintiff is unable to pay the filing fee. Likewise, Plaintiff is not entitled to appointment of counsel. Typically, this court appoints counsel in a case only under exceptional circumstances and, in any event, only after the claims have survived a dispositive motion. There are no exceptional circumstances in this case that would warrant the appointment of counsel at this time, and plaintiff's claims have not yet been tested by a dispositive motion; Therefore, the Court DENIES Plaintiff's Application to Proceed in forma pauperis, and Plaintiff's Application for Appointment of Counsel. Plaintiff is directed to pay the filing fee by August 20, 2009. Failure to pay the filing fee by this deadline may result in dismissal of the Case No. 09-12320 Hon. Sean F. Cox

complaint. SO ORDERED.

S/Sean F. Cox Sean F. Cox United States District Judge Dated: August 4, 2009 I hereby certify that a copy of the foregoing document was served upon counsel of record on August 4, 2009, by electronic and/or ordinary mail. S/Jennifer Hernandez Case Manager

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION Claude W. Moffatt, Plaintiff(s), v. Department of Treasury, Defendant(s). ________________________________________________/ PROOF OF SERVICE I hereby certify that on August 4, 2009, a copy of the Order Denying Application to Proceed in forma pauperis and appointment of counsel was served upon Claude W. Moffatt by First Class Mail at the address below: Claude W. Moffatt 8895 Lenore Redford, MI 48239 Case No. 09-12320 Hon. Sean F. Cox

S/Jennifer Hernandez Case Manager