United States District Court, M.D. Georgia, Macon Division
T. TREADWELL, JUDGE UNITED STATES DISTRICT COURT
Allen Meridith Jackson has moved to proceed in forma
pauperis. Doc. 1. Motions to proceed IFP are governed by
28 U.S.C. § 1915(a), which provides:
[A]ny court of the United States may authorize the
commencement, prosecution or defense of any suit, action or
proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefor, by a person who
submits an affidavit that includes a statement of all assets
such prisoner possesses that the person is unable to pay such
fees or give security therefor.
considering a motion to proceed IFP filed under §
1915(a), “[t]he only determination to be made by the
court . . . is whether the statements in the affidavit
satisfy the requirement of poverty.” Martinez v.
Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir.
2004). To show poverty, the plaintiff need not show that he
is “absolutely destitute.” Id. Instead,
the plaintiff must demonstrate that “because of his
poverty, he is unable to pay for the court fees and costs,
and to support and provide necessities for himself and his
dependents.” Id. However, this statute
“should not be a broad highway into the federal
courts.” Attwood v. Singletary, 105 F.3d 610,
613 (11th Cir. 1997); Mack v. Petty, 2014 WL
3845777, at *1 (N.D.Ga.). Section 1915(a) “conveys only
a privilege to proceed without payment to only those
litigants unable to pay costs without undue hardship.”
Mack, 2014 WL 3845777, at *1 (citation omitted). The
district court is given wide discretion to decide IFP cases
and should “grant the privilege sparingly, ”
especially in civil cases for damages. Martinez, 364
F.3d at 1306.
financial affidavit states he has only $75 in his checking
account and that he has a monthly income of $800 per month or
$9, 600 annually. Doc. 1 at 1-2. This falls far below the
federal poverty guidelines for a single-person household,
which is $12, 140 annually. Jackson states nothing regarding
his assets but does allege that he is owed “$20-$30,
000” in overtime pay from his former
employer-the relief he seeks in this law suit.
Id. at 3; Doc. 1-1 at 8. And Jackson also states his
total monthly expenses amount to $1, 720. Doc. 1 at 4-5.
Accordingly, having read and considered Jackson's
financial affidavit, the Court finds that Jackson is unable
to pay the costs and fees associated with this lawsuit and
his Motion to Proceed IFP is GRANTED.
Jackson is proceeding pro se, the Court must review his
complaint and dismiss the complaint if it: (1) is frivolous
or malicious; (2) fails to state a claim upon which relief
may be granted; or (3) seeks monetary relief against a
defendant who is immune from such relief. 28 U.S.C. §
1915(e)(2)(B). Jackson alleges his former employer, Defendant
Kumho Tire, violated Title VII of the Civil Rights Act of
1964, 42 U.S.C. § 2000e et seq., and that, as a
result, Jackson suffered harassment, disparate treatment, and
retaliation because of his race. Id. at 6-8. Jackson
also alleges that he is owed unpaid overtime pay.
Id. Jackson appears to allege conduct on the part of
Kumho Tire that could support a Title VII claim, but he
provides insufficient factual allegations to support his
claim. Therefore, mindful both of Jackson's pro se status
and the 90-day period in which he may file a claim following
receipt of his right-to-sue letter, the Court orders Jackson
to file an amended complaint. His amended complaint must comply
with the Federal Rules of Civil Procedure. For each claim
Jackson states, he shall lay out the elements of those claims
and state with specificity the facts that satisfy each
element. Mere conclusory statements will not suffice.
Further, he should state each allegation in separately
numbered paragraphs. See Fed. R. Civ. P. 10. Jackson
is ORDERED to file an amended complaint
complying with these requirements within 14
days of receipt of this Order.
 “Despite the statute's use
of the phrase ‘prisoner possesses, ' the affidavit
requirement applies to all persons requesting leave to
proceed IFP.” Martinez v. Kristi Kleaners, 364
F.3d 1305, 1306 n.2 (11th Cir. 2004).
 The federal poverty guidelines can be
found at https://aspe.hhs.gov/poverty-guidelines.
See also Annual Update of the HHS Poverty
Guidelines, 83 FR 2642-01.
 In his financial affidavit, Jackson
lists this amount as being owed to his spouse. Doc. 1 at 3.
But Jackson states nothing about a spouse anywhere else in
his financial affidavit, and he seeks payment for unpaid
overtime pay as relief. Doc. 1-1 at 8. Accordingly, the Court
assumes Jackson intended to allege that this money was owed
to him and that Jackson relies on his income alone.
 Jackson alleges that he received his
right-to-sue letter from the EEOC on October 25, 2017. Doc.
1-1 at 4. Although this case was transferred to this Court on
February 8, 2018, Jackson initially filed his complaint in
the Northern District of Georgia on January 16, 2018-within
the 90-day period in which plaintiffs must file claims after
receipt of a right-to-sue letter. Doc. 1. However, that
90-day period has now ...