United States District Court, S.D. Mississippi, Eastern Division
VINCENT E. HENDERSON PLAINTIFF
HOWARD'S INC., et al. DEFENDANTS
FINAL ORDER TO SUBMIT FINANCIAL INFORMATION
MICHAEL T. PARKER, UNITED STATES MAGISTRATE JUDGE
MATTER is before the Court on Plaintiff's Motions  
 for Leave to Proceed in forma pauperis.
Plaintiff filed Motion  to proceed in forma
pauperis on September 23, 2019. Plaintiff did not
provide a complete financial picture in his affidavit and
left several categories blank. For example, he wrote that he
spent zero dollars a month on housing, utilities, and food.
See Mot.  at 4-5. The Court directed Plaintiff to
file an amended financial affidavit by October 9, 2019. Order
October 11, 2019, Plaintiff filed Motion  to proceed
in forma pauperis. The updated affidavit included
several pieces of conflicting information. For example, the
income column represented Plaintiff was employed, but the
numbers did not add up to the total represented by Plaintiff.
On another page in the application, Plaintiff represented
that he was not employed, despite what was listed under his
income. Plaintiff was again directed to file an amended
financial affidavit that listed how much income he received
every month and how much he spent. Order . Plaintiff was
advised that if he failed to submit the required information
his motion to proceed without paying the filing fee might be
October 30, 2019, Plaintiff submitted a second amended
financial affidavit. Mot. . The undersigned is aware that
Plaintiff has attempted to comply with the Court's
orders, but the final affidavit still does not provide a
clear picture of Plaintiff's financial resources. Under
income sources, Plaintiff lists that he makes $3, 600 a month
from Intown Suites. Id. at 1. Yet, under expenses,
Plaintiff lists that he pays $3, 600 a month to Intown
Suites. Id. at 6. Additionally, despite
listing numbers under the income and expenses categories,
under totals Plaintiff lists that he makes zero dollars a
month and spends zero dollars a month. Id. at 4, 7.
With this conflicting data, the undersigned is without
sufficient information to determine Plaintiff's financial
making the IFP determination, the Court may consider the
total monetary resources available to Plaintiff. 28 U.S.C.
§ 1915(a) “is intended to provide access to
federal courts for plaintiffs who lack the financial
resources to pay any part of the statutory filing
costs.” Prows v. Kastner, 842 F.2d 138, 140
(5th Cir.1988); see also Williams v. Estelle, 681
F.2d 946 (5th Cir. 1982); Haynes v. Scott, 116 F.3d
137, 140 (5th Cir. 1997) (holding that § 1915 applied to
non-prisoners as well as prisoners). “A district court has
discretion, subject to review for abuse, to order a person to
pay partial filing fees where the financial data suggests
that the person may do so without suffering undue financial
hardship.” Prows, 842 F.2d at 140 (citing
Smith v. Martinez, 706 F.2d 572 (5th Cir. 1983)).
incomplete financial affidavit is grounds to deny a motion to
proceed in forma pauperis. In re Stoller,
328 Fed. App'x 623, 624 (Fed. Cir. 2008); Weston v.
Cain, 2011 WL 1832887, at *2 (E.D. La. May 13, 2011).
Failing to list income and expenses with specificity
“deprives the court of the opportunity to determine
whether plaintiff is financially entitled to proceed
IFP.” Armstrong v. San Antonio Housing
Authority, 2004 WL 2397577, at *1 (W.D. Tex. Sept. 24,
has not provided his complete financial status and has not
listed his income and expenses with specificity or coherency.
The undersigned has repeatedly instructed Plaintiff to cure
these deficiencies, but the latest financial affidavit is as
unclear as the first. Plaintiff will be provided one final
opportunity to comply.
is directed to submit a clear and complete financial
affidavit to the Court by November 15, 2019.
Plaintiff should fill out the form as neatly and completely
as possible. If necessary, he may seek assistance from
friends or family. Plaintiff bears the burden to demonstrate
that he is indigent, and if he does not clearly demonstrate
his lack of financial resources his motions may be denied.
 Plaintiff also states that he is
homeless, but his references to “Intown Suites”
suggests he is living there.
 28 U.S.C. § 1915 discusses
prisoners, but it also applies to individuals who are not
incarcerated. Plaintiff ...