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Watson v. Desai

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

July 19, 2017

TIMOJENE WATSON, Plaintiff,
v.
YASH DESAI, Defendant.

          ORDER

         Proceeding pro se, Timojene Watson has filed employment discrimination actions alleging discrimination based on race and national origin in violation of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, et seq., and that she was sexually assaulted. See CV417-120 doc. 1 at 3-4; CV417-121 doc. 1 at 4; CV417-122 doc. 1 at 4. Specifically, she alleges that he was paid less and required to work less desirable shifts than another employee, who was of Indian descent. CV417-120 doc. 1 at 4-5. In separate Complaints, she also alleges that she was forced to resign after an alleged sexual assault by another employee, which she reported to management, went unaddressed. See CV417-121 doc. 1 at 4; CV417-122 doc. 1 at 4.[1] She seeks $175, 000 in damages, apparently for all of the objectionable treatment. See CV417-120 doc. 1 at 5; CV417-121 doc. 1 at 4; CV417-122 doc. 1 at 5.

         Watson also seeks leave to file her Complaints in forma pauperis (“IFP”). See CV417-120 doc. 2; CV417-121 doc. 2; CV417-122 doc. 2. In her applications, [2] she lists defendant Desai as her employer, despite indicating that she resigned her employment. Listing her (apparently) former employer may have been a mistake, however, because Watson states that she receives no wages and no other income or assets. See CV417-120 doc. 2 at 1-2. Even without any disclosed income or assets, Watson states that she has credit cards, or at least credit card debt, and a cell phone. Id. at 2. Wary of such indigency claims and cognizant of how easily one may consume a public resource with no financial skin in the game, [3] 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).[4]

         Given the totality of the circumstances, it will do likewise here.[5]

         Therefore, within 14 days from the date this Order is filed, Watson shall disclose to the Court the following information:

(1) What she spends each month for basic living expenses such as food, clothing, shelter, and utilities, and the dollar value of any public or private assistance she may receive;
(2) Where she gets the money to pay for those expenses (include all “off-the-books” income, whether in cash or in kind);
(3) Whether she owns any means of transportation and, if she does not, whether she has regular access to same, as owned by another (including a rental company);
(4) Whether she 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 she is the account owner, or has signature power, as to any accounts with a bank or other financial institution;
(6) Whether she anticipates any future income within the next year;
(7) 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).

         Answering these points will better illuminate Watson's true financial condition. In that regard, she must declare the facts she pleads to be true under penalty of perjury. If she does not use a preprinted IFP form to respond (hence, if she uses a blank sheet of paper), she must insert this above her 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). The Clerk is DIRECTED to serve with this Order three blank IFP forms (one for each case) for Watson's convenience. 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 ...


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