Ott v. Astrue

Filing 5

MEMORANDUM AND ORDER -Plaintiff's Application to Proceed in Forma Pauperis, filing 2 , is denied without prejudice. Ordered by Judge John M. Gerrard. (GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JASON E. OTT,
Plaintiff,

8:12-CV-71

vs.
MICHAEL J. ASTRUE,
Commissioner of the Social Security
Administration,

MEMORANDUM AND ORDER ON
APPLICATION TO PROCEED IN
FORMA PAUPERIS

Defendant.
The plaintiff, a non-prisoner, has filed an Application 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 an 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). An “affidavit” is a written statement “‘the truth of which is sworn
to before someone who is authorized to administer an oath.’” See Elder-Keep
v. Aksamit, 460 F.3d 979, 984 (8th Cir. 2006) (emphasis in original). For
instance, a notary public may administer an oath. See, Neb. Rev. Stat. § 251245; In re Interest of Fedalina G., 721 N.W.2d 638 (Neb. 2006).
The plaintiff’s application is signed, but not sworn to. Therefore, it is
insufficient to meet the requirements of § 1915(a)(1) and rule 3.3(a). The
plaintiff’s application is denied without prejudice to the filing of another
application, supported by a sworn poverty affidavit.
IT IS ORDERED that the plaintiff’s Application to Proceed in Forma
Pauperis, filing 2, is denied without prejudice.
Dated this 22nd day of February, 2012.
BY THE COURT:

s/ John M. Gerrard
John M. Gerrard
United States District Judge