United States of America v. 2008 Haulmark Motorhome VIN #1FVHCRCK78DZ44088 et al

Filing 63

ORDER denying without prejudice 62 Motion for Leave to Proceed in forma pauperis, signed by Judge William C Griesbach on 10/16/2012. Absent information as to the amount, if any, of the cash claimant holds, or the amounts in his various accounts, t he Court is unable to determine whether he is truly indigent or not. If claimant wishes the Court to reconsider, he should file an amended affidavit of indigency that fully answers the questions necessary for the Courts determination. (cc: all counsel by efile; Nikki Lee by U.S. Mail) (Griesbach, William)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF WISCONSIN UNITED STATES OF AMERICA, Plaintiff, v. Case No. 12-C-221 2008 HAULMARK MOTORHOME VIN #1FVHCRCK78DZ44088, et al., Defendants. ORDER DENYING MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS Claimant in the above matter seeks to appeal the Court’s order denying his motion to dismiss the action on grounds of res judicata or claim preclusion and also the decision to stay the matter to allow an underlying criminal case to proceed. In his affidavit in support of his petition to proceed in forma pauperis, claimant indicates that he does have cash or checking, savings and other similar accounts. He does not state the total amount of such sums, instead leaving blank the place where the answer is to be inserted. Absent information as to the amount, if any, of the cash claimant holds, or the amounts in his various accounts, the Court is unable to determine whether he is truly indigent or not. Under these circumstances, the motion to proceed in forma pauperis is denied, but without prejudice. If claimant wishes the Court to reconsider, he should file an amended affidavit of indigency that fully answers the questions necessary for the Court’s determination. SO ORDERED this 16th day of October, 2012. s/ William C. Griesbach William C. Griesbach United States District Judge

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