WILMA LYNETTE SPELL OBO B.W. v. ASTRUE

Full title: WILMA LYNETTE SPELL OBO B.W., Plaintiff, v. MICHAEL J. ASTRUE…

Court: United States District Court, M.D. Florida, Jacksonville Division

Date published: Feb 24, 2009

CASE NO. 3:09-cv-56-J-34TEM (M.D. Fla. Feb. 24, 2009)

Opinion

CASE NO. 3:09-cv-56-J-34TEM.

February 24, 2009

ORDER

THOMAS MORRIS, Magistrate Judge

This cause is before the Court on Plaintiff's Motion to Proceed In Forma Pauperis (Doc. #2). Plaintiff did not accompany said motion with an Affidavit of Indigency. The Court's decision to grant in forma pauperis status is discretionary and should be granted only to those who are truly indigent. See Pace v. Evans, 709 F.2d 1428, 1429 (11^th Cir. 1983); see also Atkins v. Sullivan, 387 F.2d 140, 141 (10th Cir. 1967), cert. denied, 391 U.S. 927 (1968) (where affidavits are not notarized, the trial court is correct in not granting leave to proceed in forma pauperis). For the aforementioned reasons, Plaintiff's motion is DENIED without Prejudice.

Accordingly, it is hereby ORDERED:

1. Plaintiff shall submit an Affidavit of Indigency, which shall include a sworn statement, within twenty (20) days from the date of this Order.

2. The Clerk of the Court shall furnish Plaintiff with a form DC 101 (Rev. 1/97) in order for Plaintiff to comply herewith.

DONE AND ORDERED at Jacksonville, Florida