O' Bryant v. World Management Inc.

Filing 19

MEMORANDUM AND ORDER: IT IS HEREBY ORDERED that, no later than April 21, 2017, Plaintiff shall submit a fully-completed Form CJA 23 (Financial Affidavit). IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a copy of the Courts Form CJA 23 (Financial Affidavit). (A copy of this order and the CJA23 mailed to plaintiff.) Signed by Magistrate Judge Noelle C. Collins on 04/11/2017. (KCB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MISSOURI
EASTERN DIVISION

KENNETH O'BRYANT,
Plaintiff,
vs.
WORLD MANAGEMENT INC.,
Defendant.

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Case No. 4:16-cv-00836-NCC

MEMORANDUM AND ORDER
This matter is before the Court on pro se Plaintiff’s Motion to Proceed in Forma Pauperis
(Doc. 15). In light of Plaintiff’s Notice of Appeal (Doc. 14) filed the same day as the current
Motion, the Court will construe Plaintiff’s Motion as a Motion for Leave to Proceed in Forma
Pauperis on Appeal.
Plaintiff commenced this action on June 10, 2016, alleging employment discrimination
based on his race and “other” (Doc. 1). On that same day, Plaintiff filed a Motion for Leave to
Proceed in Forma Pauperis (Doc. 2). However, in support of his Motion, Plaintiff submitted a
partially-completed financial affidavit CJA Form 23 (Doc. 3). On August 8, 2016, the Court
directed Plaintiff to either pay the filing fee or submit a fully-completed CJA Form 23 because
Plaintiff failed to state whether he has cash or funds in a savings or checking account, and if he
does, the total amount of said account(s) (Doc. 5). Plaintiff submitted another partiallycompleted financial affidavit CJA Form 23 in support of the application for in forma pauperis
status, again failing to state whether he has cash or funds in a savings or checking account, and if
he does, the total amount of said account(s) (Doc. 6). The Court again directed Plaintiff to either
pay the filing fee or submit a fully-completed CJA Form 23 (Doc. 7). On October 7, 2016, in

response to the Court’s order, Plaintiff paid the $400.00 filing fee. Accordingly, the Court
entered an order denying Plaintiff’s Motion to Proceed in Forma Pauperis as moot and directing
Plaintiff to cause service of process to be effected upon the Defendant no later than Thursday,
January 5, 2017 (Doc. 8). As of today’s date, Plaintiff has not provided the Court with notice
that he has effected service on Defendant.
On November 11, 2016, Plaintiff moved for the appointment of counsel (Doc. 11). The
Court denied Plaintiff’s request without prejudice (Doc. 13). On December 27, 2016, Plaintiff
filed a notice of appeal of the Court’s decision denying him the appointment of counsel (Doc.
14). Plaintiff also sought leave to proceed in forma pauperis. However, as before, Plaintiff has
failed to submit the required financial affidavit; in fact, the record contains a notation that
Plaintiff refused to submit such affidavit. The absence of a financial affidavit leaves the Court
unable to consider the instant motion. See 28 U.S.C. § 1915(a)(1). The Court will therefore give
Plaintiff ten days from the date of this Order to submit a fully completed Form CJA 23
(Financial Affidavit). Plaintiff’s failure to timely comply with this Order may result in the denial
of his Motion for Leave to Proceed in Forma Pauperis.
Accordingly,
IT IS HEREBY ORDERED that, no later than April 21, 2017, Plaintiff shall submit a
fully-completed Form CJA 23 (Financial Affidavit).
IT IS FURTHER ORDERED that the Clerk of Court shall mail to plaintiff a copy of
the Court’s Form CJA 23 (Financial Affidavit).
Dated this 11th day of April, 2017.

/s/ Noelle C. Collins
NOELLE C. COLLINS
UNITED STATES MAGISTRATE JUDGE