Stanley v. Landry

Filing 33

///ORDER granting 24 Motion to Dismiss. So Ordered by Judge Paul J. Barbadoro. (jna)

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW HAMPSHIRE George Stanley v. Gerald Landers, et al. Case No. 09-cv-52-PB

ORDER Defendant, Gerald Landers, asserts that plaintiff, George Stanley, filed a materially false financial affidavit in support of his application for in forma pauperis status. Based upon this

assertion Landers argues that Stanley's in forma pauperis status should be revoked and his complaint should be dismissed. Stanley has filed a general objection to Landers' motion to dismiss but he has not otherwise challenged the factual assertions on which the motion is based. Based upon the facts

alleged in the motion to dismiss and the materials submitted in support of the motion, I agree with Landers that Stanley's application for in forma pauperis status is materially false. Because Landers has failed to offer a satisfactory explanation for his materially false submission, I also conclude that his in

forma pauperis status should be revoked and that his complaint should be dismissed. Defendant's motion to dismiss (Doc. No. 24) is granted. SO ORDERED. /s/Paul Barbadoro Paul Barbadoro United States District Judge December 30, 2009 cc: George Stanley, pro se Nancy J. Smith, Esq.

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