Opinion
Civil Action No. 11-cv-02017-WJM Criminal Action No. 04-cr-00180-WJM
04-18-2012
UNITED STATES OF AMERICA, Plaintiff/Respondent, v. GWEN BERGMAN, Defendant/Movant.
Judge William J. Martínez
ORDER
This matter is before the Court on Gwen Bergman's Motion for Financial Assistance for Travel and Lodging for the Upcoming Hearing Pursuant to 18 U.S.C. § 4285 (the "Motion"). (ECF No. 713.) In the Motion, Ms. Bergman alleges that she "is indigent due to her recent release from prison. She is unemployed, has no income or assets. Standby counsel is court appointed, therefore, Movant qualifies for assistance under the statutes." (Id. at 2.) Ms. Bergman identifies 18 U.S.C. § 4285 and 5 U.S.C. § 5702 as the statutes under which she seeks this financial assistance. (Id. at 1-2.)
The Court declines to rule on the Motion at this time, and instead requires Ms. Bergman to file supplemental information in support of her Motion. On or before April 25, 2012, Ms. Bergman shall file the following supplemental information with the Court:
(1) Any other legal authorities (other than 18 U.S.C. § 4285 and 5 U.S.C. § 5702) that would provide a basis for this Court to authorize payment of the financial assistance Ms. Bergman seeks; and
(2) A declaration from Ms. Bergman, signed pursuant to 28 U.S.C. § 1746, which explains:
a. Ms. Bergman's total net assets, with a detailed description of those assets (including, but not limited to, property owned, savings accounts, investment accounts, or retirement accounts);
b. Ms. Bergman's current monthly income, if any, and the source of that income;
c. A detailed description of the financial support Ms. Bergman receives, if any, from others;
d. Ms. Bergman's average monthly expenses (spent on herself and anyone else she is responsible for taking care of); and
e. Any other information that might be helpful to the Court in ascertaining whether or not this Court should authorize payment of the financial assistance that Ms. Bergman seeks.
BY THE COURT:
______________________
William J. Martínez
United States District Judge