United States District Court, S.D. Georgia, Savannah Division
pro se, Michael Myers has filed a Complaint alleging
various violations of his constitutional rights while he has
been incarcerated at the Chatham County, Georgia
Sheriff's Complex. See doc. 1 (Complaint). He
seeks leave to pursue his claims in forma pauperis
(IFP). Doc. 2. The information contained in his IFP motion
fails to establish his indigence, however. He must,
therefore, clarify his financial status or withdraw his IFP
motion and pay the full filing fee.
who lists a jail address, nevertheless claims that in the
last 12 months he has received $656 per month in social
security income and $2, 903 per month in veteran's
disability benefits. Doc. 2 at 2. He has a savings account
(he doesn't disclose the current balance)and $1, 800 in
deposits to his prison trust account over the past 6 months.
Id. Wary of such indigency claims and cognizant of
how easily one may consume a public resource with no
financial skin in the game,  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,
the totality of the circumstances, it will do likewise
here.Therefore, within 21 days from the date
this Order is filed, Myers shall disclose to the Court the
(1) Whether he currently receives $656/month in Social
(2) Whether he currently receives $2, 903/month in
veteran's disability benefits;
(3) If he currently receives any benefits, whether he
anticipates that he will continue to receive those benefits
for the next 12 months;
(4) The balance in the savings account referred to in his
response to Question 3 of his form IFP motion;
(5) 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).
these points will better illuminate Myer's true financial
condition. In that regard, he must declare the facts he
pleads to be true under penalty of perjury. If he does not
use another preprinted IFP form to respond (hence, if he uses
a blank sheet of paper), 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). The Clerk is DIRECTED to
serve a blank IFP form with this Order for Myers'
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.
 “[A] litigant whose filing fees
and court costs are assumed by the public . . . lacks an
economic incentive to refrain from filing frivolous,
malicious, or repetitive lawsuits.” Neitzke v.
Williams, 490 U.S. 319, 324 (1989). Courts thus deploy
appropriate scrutiny. See Hobby v. Beneficial Mortg. Co.
of Va., 2005 WL 5409003 at *7 (E.D. Va. June 3, 2005)
(debtor denied IFP status where, although she was unable to
find employment as a substitute teacher, she had not shown
she is unable to work and earn income in other ways); In
re Fromal, 151 B.R. 733, 735 (E.D. Va. 1993) (denying
IFP application where debtor was licensed attorney and
accountant and she offered no reason why she cannot find
employment), cited in In re Zow, 2013 WL 1405533 at
* 2 (Bkrtcy. S.D. Ga. Mar. 4, 2013) (denying IFP to
“highly educated” bankruptcy debtor who,
inter alia, had “not shown he is physically
unable to work or earn income in other ways.”);
Nixon v. United Parcel Serv., 2013 WL 1364107 at
*1-2 (M.D. Ga. Apr. 3, 2013) (court examined income and
expenses on long-form IFP affidavit and determined that
plaintiff in fact had the ability to pay the court's
See also Lister v. Dep't of
Treasury, 408 F.3d 1309, 1313 (10th Cir. 2005) (court
did not abuse its discretion by denying IFP status to Social
Security benefits claimant seeking judicial review of
Commissioner's benefits denial; claimant, after having
been specifically instructed on how to establish IFP status,
failed to fill out proper forms or otherwise provide court
with requisite financial information); Mullins v.
Barnhart, 2010 WL 1643581 at * 1 (D. Kan. Mar, 30, 2010)