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Clark v. Wilcher

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

May 7, 2018

JERRY LEE CLARK, SR., Plaintiff,
v.
SHERRIF JOHN T. WILCHER, et al., Defendants.

          ORDER

         Pro se prisoner Jerry Lee Clark has returned to this Court seeking redress for his allegedly improper arrest and detention. See doc. 1. He made similar allegations in both a habeas petition and suit pursuant to 42 U.S.C. § 1983. Compare id., with Clark v. Unknown, CV417-171, doc. 1 (S.D. Ga. Sept. 1, 2017), and Clark v. Wilcher, CV417-161, doc. 1 (S.D. Ga. Aug. 31, 2017). He again seems to seek both habeas[1] and monetary relief. See doc. 1 at 6 (seeking both dismissal of the state criminal charges he currently faces and compensation of “$1, 000.00 per month that I have been incarcerated from Oct. 11, 2015 up until April 11, 2018.”). He also seeks to pursue this case in forma pauperis. Doc. 2.

         Clark's Complaint asserts claims that appear to implicate 42 U.S.C. § 1983. See doc. 1 at 5 (referring to “malicious prosecution, falsh [sic] imprisonment, and abuse of legal process, ” and seeking monetary damages for each day of his incarceration). Before the Court can consider the merits of his claims, it requires additional information concerning his entitlement to proceed in forma pauperis (IFP).

         Clark's IFP application discloses that he receives $753.00 per month in Social Security Disability benefits, and an undisclosed amount in “rent payments, interest, or dividends.” Doc. 2 at 1-2. He states that he has cash or a financial account, but omits the amount. Id. at 2. He also discloses $50, 000 in “real estate, stocks, bonds, notes, automobiles, or other valuable property.” Id. He omits any information on the balance in and deposits to his prison trust account. Id.

         Wary of such indigency claims and cognizant of how easily one may consume a public resource with no financial skin in the game, [2] 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).[3]

         Given the totality of the circumstances, it will do likewise here.[4]Therefore, within 21 days from the date this Order is filed, Clark shall disclose to the Court the following information:

(1) The amount of cash or money in any checking, savings, or other financial account;
(2) The nature of the $50, 000 in property he owns (i.e., whether that property is in the form of negotiable securities (stocks, bonds, etc.) or real property (land, a house, condominium, etc.);
(3) . The amount(s) he receives per month in rent, interest, or dividends, and the source(s) of those amounts (i.e., if the source is interest, describe the account (checking, savings, etc.) paying the interest; if the source is rent, state the location of the property generating those rent payments; etc.);
(4) The present balance in his prison trust account; and
(5) The total deposits to his prison trust account in the last six months.

         Answering these points will better illuminate Clark'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 a 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 with this Order a blank IFP form for Clarks'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 ORDERED.

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