United States District Court, S.D. Georgia, Savannah Division
GERARD J. PUGH, Plaintiff,
DISTRICT ATTORNEY MEG HEAP, Defendant.
Christopher L. Ray, United States Magistrate Judge.
appearing pro se, has submitted a 42 U.S.C. §
1983 Complaint alleging malicious or wrongful prosecution.
Doc. 1. He seeks to proceed in forma pauperis (IFP).
Doc. 2. The application is deficient. As additional
information is required, Plaintiff is
DIRECTED to amend his application within 14
application, Plaintiff claims to earn $1, 100 in wages
biweekly. Doc. 2 at 1. However, he has not addressed whether
he holds other assets, such as savings, real estate, or
automobiles. Plaintiff has also identified several debts.
Doc. 2 at 2. He has not specified the amount of these debts
or their respective monthly payments. He has provided no
information regarding other monthly expenses, such as food,
shelter, and transportation. 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,  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).
application for IFP status omits material information. He,
therefore, must properly fill out his application to proceed
IFP, additionally, he must disclose the following information
within 14 days from the date of this Order:
(1) The identity of the source of the claimed $1, 100
(2) Whether he has any liquid assets, such as money in cash
or bank accounts;
(3) Whether he has any non-liquid assets, such as real
property, automobiles, or jewelry;
(4) Any monthly expenses, such as rent, food, transportation,
(5) Whether he is financially responsible to support another
(6) The value of loans and their associated monthly payments.
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 Plaintiff’s 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).
Court also notes that the events alleged in the Complaint
occurred in 1996. As § 1983 does not provide a statute
of limitations, the court looks to the forum state’s
general personal injury statute. Owens v. Okure, 488
U.S. 235 (1989). In Georgia, such claims must be filed within
two years. O.C.G.A. § 9-3-33 (1982). Absent more recent
allegations, or some explanation for why the claims arising
out of the earlier events were not pursued at the time,
plaintiffs Complaint might be subject to a recommendation of
dismissal upon the screening required under 28 U.S.C. §
1915(e). If plaintiff wishes, he is free to submit an Amended
Complaint with his supplemental IFP application. If he
concedes that his claims are time-barred, he is also free to
do nothing and his Complaint will be dismissed pursuant to