Charles P. Kocoras
Name of Assigned Judge
or Magistrate Judge
Charles P. Kocoras
Sitting Judge if Other
than Assigned Judge
DOCKET ENTRY TEXT
Plaintiff's motion (Doc [4]) to proceed in forma pauperis is denied. Plaintiff must pay the $350 filing fee within thirty (30) days of the date of this Order to avoid the dismissal of his complaint. Plaintiff's motion (Doc [5]) for appointment of counsel is denied.
[] [For further details see text below.]
Docketing to mail notices.
ORDER
This case comes before the Court on the motions of Arthur Wiggins, Jr. ("Wiggins") to proceed in forma pauperis, without prepayment of fees, and for appointment of counsel.
A litigant may proceed in forma pauperis if he is unable to pay the costs of commencing the action. 28 U.S.C. § 1915(a). According to Wiggins' financial affidavit, he is currently self-employed and earns $12,000 annually. In the past twelve months, Wiggins, or someone in his household, earned $48,000 from an unidentified source and at least $4,000 in quarterly college tuition refund payments. He owns a home valued at $50,000, which is currently in foreclosure, and maintains less than $200 in his bank accounts. Based on Wiggins' financial affidavit, he has not made a sufficient showing of indigence, and his motion to proceed in forma pauperis is denied. Wiggins must pay the $350 filing fee within thirty (30) days of the date of this Order to avoid the dismissal of his complaint.
Turning now to Wiggins' motion for appointment of counsel, a district court may, in its discretion, request that an attorney represent a party if the party is unable to afford counsel. 28 U.S.C. §1915(e)(1). As discussed above, Wiggins has not made a sufficient showing of indigence. Accordingly, his motion for appointment of counsel is denied.
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CHARLES P. KOCORAS
U.S. District Judge