United States District Court, S.D. Georgia, Savannah Division
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 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.
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).
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.
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, 2013).
the totality of the circumstances, it will do likewise
here.Therefore, within 21 days from the date
this Order is filed, Clark shall disclose to the Court the
(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.
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.