Lott v. The District Court of Southern District of Ohio et al

Filing 14

DEFICIENCY ORDER: Plf to execute the Non-Prisoner Declaration w/in 28 from the date of this order, failure to do so may result in dismissal of this lawsuit. Signed by Magistrate Judge Mark R. Abel on 8/22/13. (sh1)

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IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION Harry William Lott, : Plaintiff : : v. The District Court of the Southern District of Ohio , Civil Action 2:13-cv-0562 Judge Marbley : Magistrate Judge Abel : Defendant : DEFICIENCY ORDER Plaintiff Lott has filed a complaint alleging that he was denied due process of law in Harry William Lott v. Havar, Inc., et al., Case No. 2:12-cv-608 (S.D. Ohio 2012). He seeks leave to proceed in forma pauperis; however, he does not support that request with a financial affidavit demonstrating that he does not have the funds to pay the $350 filing fee and supplemental $50 filing fee. Plaintiff Lott is ORDERED to fill out and execute the Non-Prisoner Declaration in Support of Request to Proceed Without Prepayment of Fees and Costs within twenty-eight (28) days of the date of this Order. Failure to either pay the $350 filing fee and supplemental $50 filing fee or to support the motion to proceed in forma pauperis with a financial affidavit will result in dismissal of this lawsuit. s/Mark R. Abel United States Magistrate Judge The fee for filing a complaint is $350. If you are unable to pay that fee, you may execute the following form, asking the Court to allow you to proceed without the prepayment of fees. IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF OHIO EASTERN DIVISION __________________________, : Plaintiff : v. : : __________________________, Defendant Case No. Declaration in Support of Request to Proceed Without Prepayment of Fees and Costs : : I, ________________________________, am the plaintiff in the above-entitled case. In support of my motion to proceed without being required to prepay fees or costs or give security therefor, I state that because of my poverty I am unable to pay the costs of said proceedings or to give security therefor; and that I believe I am entitled to redress. I declare that the responses which I have made below are true. 1. Are you presently employed? a. ____ Yes ____ No If the answer is yes, state the amount of your salary and give the name and address of your employer. Salary - Wages ( ) yearly ( ) monthly $____________ ( ) bi-weekly ( ) weekly Employer's name __________________________________ Address __________________________________________ b. 2. If the answer is no, state the date of last employment and the amount of the salary you received. Date of last employment ______________________ Salary - Wages ( ) yearly ( ) monthly $____________ ( ) bi-weekly ( ) weekly Have you received within the past 12 months any money from any of the following sources? a. b. c. d. e. Business, profession, or form of self-employment? ____ Yes ____ No Rent payments, interest or dividends? ____ Yes ____ No Pensions, annuities, or life insurance payments? ____ Yes ____ No Gifts or inheritances? ____ Yes ____ No Social security, supplemental security income, AFDC, general relief? ____ Yes ____ No If the answer to any of the above is yes, describe each source of money and state the amount received from each during the past 12 months. _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ 3. Do you own any cash or do you have money in a checking or savings account? ____ Yes ____ No If the answer is yes, state the total value owned. Cash Checking $_________________ Savings 4. $_________________ $_________________ Do you own real estate, stocks, bonds, notes, automobiles, or other valuable property (excluding ordinary household furnishings or clothing)? ____ Yes ____ No If the answer is yes, describe the property and state its 2 approximate value. Make Value Autos __________________________ ________________________________ $___________ Stocks _________________________ $___________ ________________________________ $___________ Bonds __________________________ $____________ ________________________________ $____________ Notes __________________________ $____________ Real Estate ____________________ $_____________ Mortgage 5. $___________ $_____________ List the persons who are dependent upon you for support; state your relationship to those persons; and indicate how much you contribute toward their support. Name Contribution __________________________ _____________ $___________ __________________________ _____________ $___________ __________________________ _____________ $___________ __________________________ _____________ $___________ __________________________ 6. Relationship _____________ $___________ You are single ___, married ___, widowed ___, separated ___, or divorced ___. If you are married, is your spouse employed? ____ Yes No If yes, how much does your spouse earn? Salary - Wages ( ) yearly 3 ____ $____________ 7. ( ) ( ) ( ) monthly bi-weekly weekly List all your creditors, including banks, loan companies, credit companies, charge accounts, medical bills, etc. Total Debt Mo. Payment Apt. or Home _____________ $__________ $___________ __________________________ $__________ $___________ __________________________ $__________ $___________ __________________________ $__________ $___________ __________________________ $__________ $___________ Creditors I declare under penalty of perjury that the foregoing is true and correct. Signed this ________ day of ____________________, 20___. ______________________________ Signature of Plaintiff 4

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