Imastubi v. Rodgers et al

Filing 4

ORDER requiring completion of IFP application within 14 days of this date. Signed by Jane M Virden on 4/10/13. (Attachments: # 1 IFP Application) (ncb)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
GREENVILLE DIVISION

SIKANU-NAHOLO-IMASTUBI
ex rel., Erique Richardson; We, the People
Xi-Anu Nation of Paleo-Americans
V.

PLAINTIFF
CAUSE NO. 4:13-CV-00068-SA-JMV

OFFICER GLORIA RODGERS, ET AL.

DEFENDANTS

ORDER
Before the court is Plaintiff’s “Motion Application for Exempt Filing Fee Status” [2]. In
support of the motion, Plaintiff essentially states that the instant motion is made to obtain leave
to proceed without payment of fees. Plaintiff has also submitted an “Affidavit and Declaration”
wherein he states that he has been previously granted in forma pauperis status (“IFP”) in a
proceeding in the District Court of the Western District of Tennessee.
All parties instituting any civil action, suit, or proceeding in a district court of the United
States, except an application for writ of habeas corpus, must pay a filing fee of $350.00. See 28
U.S.C. § 1914(a). An action may proceed despite a party's failure to prepay the entire fee only if
the party is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). The form application
to proceed IFP in this court requires an applicant to declare, under penalty of perjury, the
financial basis for the request by setting forth, among other things, the applicant's (1)
employment status, (2) sources of income, (3) ownership in any cash, real estate, or other
valuable property, and (4) debts and other obligations. Cf. 28 U.S.C. § 1915(a)(1) (requiring the
submission of an affidavit that includes a statement of all assets). In view of this, the court finds
that the information provided by movant is insufficient to allow this court to make an appropriate

determination of whether he is currently entitled to IFP status. Therefore,
IT IS ORDERED:
1. That within fourteen (14) days of this date, movant shall complete and file with the
clerk of this court the attached IFP application.
2. That should movant fail to comply with this order, this case may be dismissed.
This 10th day of April, 2013.

/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE

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