Rosenberg v. Colvin
MEMORANDUM AND ORDER that the 2 Motion for Leave to Proceed in forma pauperis denied without prejudice to the filing of another application, supported by a sworn poverty affidavit or declaration. Ordered by Judge John M. Gerrard. (ADB)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
DAVID LEE ROSENBERG,
CAROLYN W. COLVIN, Acting
Commissioner of Social Security,
MEMORANDUM AND ORDER ON
APPLICATION TO PROCEED IN
The plaintiff, a non-prisoner, has filed an Application for Leave to
Proceed in Forma Pauperis (filing 2). The allegations in the application would
sufficiently prove the plaintiff’s eligibility to proceed in forma pauperis, if
properly supported. However, an application to proceed in forma pauperis
must be supported by a proper affidavit containing the required information.
See, 28 U.S.C. § 1915(a)(1); NECivR 3.3(a); Nerness v. Johnson, 401 F.3d 874
(8th Cir. 2005).
The plaintiff's affidavit is signed and was sworn to before a notary, but
the notary's signature is not accompanied by the required seal. See Neb. Rev.
Stat. § 64-107. Nor does the plaintiff's application attest to its truth under
penalty of perjury, such that it could suffice as a declaration under 28 U.S.C.
§ 1746. Therefore, the plaintiff's affidavit is insufficient to meet the
requirements of § 1915(a)(1) and NECivR 3.3(a). The plaintiff’s application is
denied without prejudice to the filing of another application, supported by a
sworn poverty affidavit or declaration.
IT IS ORDERED that the plaintiff’s Application to Proceed in Forma
Pauperis, filing 2, is denied without prejudice.
Dated this 13th day of June, 2013.
BY THE COURT:
John M. Gerrard
United States District Judge
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