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Neville v. McCaghren

United States District Court, S.D. Georgia, Statesboro Division

May 19, 2017

ROBERT NEVILLE, Plaintiff,
v.
ELIZABETH C. MCCAGHREN, Defendant.

          ORDER

         Proceeding pro se, Robert Neville has filed another Complaint alleging fraud and mismanagement of his mother's estate by defendant Elizabeth C. McCaghren, his half-sister. See doc. 1. The Court dismissed without prejudice a previous lawsuit alleging substantially the same facts. Compare id., with Neville v. McCaghren, CV615-028, doc. 10 (S.D. Ga. June 5, 2015) (Amended Complaint); see also Neville, CV615-028, doc. 38 (S.D. Ga. May 20, 2016) (dismissal); id. doc. 52 (S.D. Ga. May 4, 2017) (imposing special handling instructions on his future filings); In re Neville, MC617-001, doc. 3 (S.D. Ga. May 17, 2017) (authorizing filing of the instant case). Neville seeks leave to proceed in forma pauperis (IFP). Doc. 2 at 9-10.

         Neville's IFP motion claims $723 in monthly social security disability income. CV617-075, doc. 2 at 9. He also discloses that he has $210.00 in cash, or in a checking or savings account. Id. He claims that he has no other assets, and no other expenses, and more than $100, 000 in student loans. Id. at 10. Wary of such indigency claims and cognizant of how easily one may consume a public resource with no financial skin in the game, [1] this Court demands supplemental information from dubious IFP movants. See, e.g., Kareem v. Home Source Rental, 986 F.Supp.2d 1345, 1346-48 (S.D. Ga. 2013); Robbins v. Universal Music Group, 2013 WL 1146865 at * 1 (S.D. Ga. Mar. 19, 2013).

         Given the totality of the circumstances, it will do likewise here.[2]Therefore, within 14 days from the date this Order is filed, Neville shall disclose to the Court the following information:

(1) What he spends each month for basic living expenses such as food, clothing, shelter, and utilities;
(2) Where he gets the money to pay for those expenses (include all "off-the-books" income, whether in cash or in-kind);
(3) Whether he owns any means of transportation and, if he does not, whether he has regular access to same, as owned by another (including a rental company);
(4) Whether he possesses a cellular telephone, TV set, and any home electronics equipment (include estimated value and related carrying expenses, such as carrier and subscription fees);
(5) Whether he anticipates any future income within the next year;
(6) A list of any other cases showing an indigency-based, filing fee reduction or waiver granted by any other court (include the full case name, case number and the name of the court granting same); and
(7) Whether he is current on his student loan debt and, if so, how.

         Answering these points will better illuminate Neville's true financial condition. In that regard, he must declare the facts he pleads to be true under penalty of perjury. He must insert this above his signature: "I declare under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date)." 28 U.S.C. § 1746(1).[3] Failure to comply with this directive will result in a recommendation of dismissal. See Kareem v. Home Source Rental, 2014 WL 24347 at * 1 (S.D. Ga. Jan. 2, 2014).

         SO ORDERED

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