Opinion
No. 2:03-CV-0355.
July 30, 2004
REPORT AND RECOMMENDATION TO DENY MOTION TO PROCEED IN FORMA PAUPERIS ON APPEAL
Came this day for consideration the July 29, 2004 motion to proceed in forma pauperis on appeal filed by petitioner ANGELO DEWELL BRANCH. The same date, petitioner filed an affidavit in support of his motion along with an updated, certified in forma pauperis data sheet.
Petitioner has represented to the Court in his motion and affidavit that he has not received in the past twelve months, money categorized as income, that he does not own any cash or savings account, that he does not own real estate, stocks, bonds, notes automobiles or other valuable property, and that he has no dependents. A review of petitioner's current in forma pauperis data sheet however, discloses petitioner has received in the past three months, deposits totaling $355.00, and deposits totaling $755.00 in the last six months. Petitioner does appear to have been candid about his income and he appears to have had sufficient funds to pay the filing fee necessary to proceed on appeal. Judgment was entered in this case on July 20, 2004. During the month of June 2004, petitioner had a total of $275.00 deposited into his account.
RECOMMENDATION
It is the RECOMMENDATION of the United States Magistrate Judge to the United States District Judge that petitioner's "Motion for Leave to Proceed In Forma Pauperis" be DENIED.INSTRUCTIONS FOR SERVICE and NOTICE OF RIGHT TO OBJECT
The United States District Clerk is directed to send a file-marked copy of this Report and Recommendation to petitioner by certified mail, return receipt requested, and to respondent's attorney of record by regular U.S. mail or other agreed means.
IT IS SO RECOMMENDED.