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Lipsey v. Freeseman

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

September 11, 2019

ORIN BRUCE LIPSEY, Plaintiff,
v.
PENNY HAASS FREESEMAN, Superior Court Judge, et al., Defendants.

          ORDER

         Proceeding pro se, Orin Bruce Lipsey has filed a 42 U.S.C. § 1983 complaint alleging a litany of violations of his rights during a criminal prosecution. Doc. 1. He also moves for leave to proceed in forma pauperis (“IFP”). Doc. 2. Because more financial information is needed, Plaintiff is DIRECTED to supplement his IFP request.

         In his application to proceed IFP, plaintiff fails to answer any questions as to any income he has received in the last 12 months. Doc. 2 at 1. He merely asserts that he is unemployed and has no assets, no housing, no transportation, no regular monthly expenses, and no debts or financial obligations.[1] Doc. 2 at 3. The Court cannot accept these allegations as true especially as plaintiff has identified a place of residence. Wary of indigency claims where information appears to have been omitted, 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 (S.D. Ga. 2013); Robbins v. Universal Music Grp., 2013 WL 1146865 at *1 (S.D. Ga. Mar.19, 2013).[3]

         To that end, it tolerates no lies. Ross v. Fogam, 2011 WL 2516221 at *1 (S.D. Ga. June 23, 2011) (“Ross, a convicted criminal, chose to burden this Court with falsehoods, not honesty. The Court thus rejects Ross's show cause explanation, as it is clear that he purposefully chose to disguise his filing history and financial status.”); Johnson v. Chisolm, 2011 WL 3319872 at *1 n. 3 (S.D. Ga. Aug. 1, 2011) (“This Court does not hesitate to invoke dismissal and other sanctions against inmates who lie to or otherwise deceive this Court.”); see also Moss v. Premiere Credit of North America, LLC, 2013 WL 842515 (11th Cir. Mar. 6, 2013) (“Moss's [IFP on appeal] motion is DENIED because her allegation of poverty appears to be untrue in light of her financial affidavit and filings in the district court.”).[4]Plaintiff's application for IFP status omits material details. He therefore must properly fill out his application to proceed IFP, additionally, he must disclose[5] the following information within 14 days from the date of this Order:

(1) Whether he receives any income from any source, i.e., a pension, annuity, or life insurance payment.
(2) What he spends each month for basic living expenses such as food, clothing, shelter, and utilities, and the dollar value of any public or private assistance he may receive;
(3) Where he gets the money to pay for those expenses (include all “off-the-books” income, whether in cash or in-kind);
(4) Whether he possesses a cellular telephone and any home electronics equipment (include estimated value and related carrying expenses, such as carrier and subscription fees);
(5) Whether he has any credit or debit cards;
(6) Whether he is the account owner, or has signature power, as to any accounts with a bank or other financial institution;
(7) Whether he anticipates any future (within the next year) income;
(8) Whether he receives any financial support from family or friends, and if he does, the amount of that support;
(9) 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).

         Providing this information will better illuminate Plaintiff's true financial condition. In that regard, he must again declare the facts he pleads to be true, and sign his name to that declaration -- 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 Plaintiffs convenience. Failure to comply with this directive will result in a recommendation of dismissal on IFP-deficiency grounds alone. Kareem v. Home Source Rental, 2014 WL 24347 at *1 (S.D. Ga. Jan. 2, 2014).

         SO ...


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