Cooley v. Hodge et al

Filing 14

ORDER ADOPTING REPORT AND RECOMMENDATIONS. Motion for Leave to Proceed In Forma Pauperis 2 is denied. In regard to Motion for Reconsideration 13 , the Court will not consider new information provided in rebuttal that was not initially presented in the Motion. Plaintiff is given sixty (60) days to pay all costs associated with the filing of this lawsuit, and should the Plaintiff fail to timely pay all of the costs associated with the filing of this lawsuit, this matter will be dismissed without prejudice without further notice. Signed by District Judge Keith Starrett on 8/31/2017 (dtj)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
EASTERN DIVISION

ANDRE DESHAWN COOLEY

PLAINTIFF

VS.

CIVIL ACTION NO. 2:17-cv-71-KS-MTP

ALEX HODGE, ET AL

DEFENDANTS

ORDER ACCEPTING MAGISTRATE JUDGE’S RECOMMENDATION
AND DENYING IFP STATUS TO PLAINTIFF

THIS CAUSE IS BEFORE THE COURT on Motion for Leave to Proceed In Forma
Pauperis [2] filed by Plaintiff, Report and Recommendation of U.S. Magistrate Judge Michael T.
Parker [11] and Objection to the Report and Recommendation [12]. The Court considering said
document does hereby find as follows:
PROCEDURAL HISTORY
On May 15, 2017, Plaintiff filed his verified Complaint [1] and on the same date filed his
Motion for Leave to Proceed In Forma Pauperis [2]. On August 17, 2017, U.S. Magistrate Judge
Michael T. Parker filed a Report and Recommendation on the Motion [11]. On August 24, 2017,
Plaintiff Objected [12] to the Report and Recommendation. The Court now considers the Report
and Recommendation and the Objection. 1
In his initial disclosure [2] Plaintiff showed his income as $3000.00 per month
unemployment benefits, $600.00 public assistance, and $400.00 per month from Lowe’s Home
Improvement. He also showed his spouse’s income as $300.00 per month from Lowe’s. He also

1

A Motion for Reconsideration {13] was also filed by Andre Deshawn Cooley. The Court will not consider new
information provided in rebuttal that was not initially presented in the Motion.

showed $147.00 in savings and a motor vehicle alleged to be worth $600.00. He listed expenses
of $241.00. In his Objection [12] he claims that his circumstances have changed, and that his
monthly income is only $648.00 in unemployment benefits and expenses of $655.00 per month.
He does not mention his spouse’s income. The operative time for the determination of IFP status
is at the time of filing of the Complaint. Mr. Cooley clearly had sufficient income to pay the
filing fees without undue hardship at the time the Complaint was filed. There is no information
given as to when his benefits were reduced, but irrespective of that the Court finds that the
Motion for Leave to Proceed In Forma Pauperis [2] is DENIED. Plaintiff is given sixty (60) days
to pay all costs associated with the filing of this lawsuit, and should the Plaintiff fail to timely
pay all of the costs associated with the filing of this lawsuit, this matter will be dismissed without
prejudice without further notice.
SO ORDERED this the _31st__ day of August, 2017.

____s/Keith Starrett
____________
UNITED STATES DISTRICT JUDGE