Brennan v. Pearson

Full title: NATHAN BRENNAN, #57737-019 PETITIONER v. BRUCE PEARSON, Warden RESPONDENT

Court: United States District Court, S.D. Mississippi, Western Division

Date published: Feb 27, 2009

CIVIL ACTION NO. 5:08-cv-312-DCB-MTP, APPEAL NO. to be assigned (S.D. Miss. Feb. 27, 2009)

Opinion

CIVIL ACTION NO. 5:08-cv-312-DCB-MTP, APPEAL NO. to be assigned.

February 27, 2009

ORDER

MICHAEL PARKER, Magistrate Judge

Upon consideration of the Petitioner's Notice of Appeal and Motion for leave to appeal in forma pauperis in the above numbered cause, the Court notes that Petitioner failed to submit the appropriate application to proceed in forma pauperis on appeal to the United States Court of Appeals for the Fifth Circuit. Accordingly, it is hereby ORDERED:

1. That within twenty (20) days of the entry of this order, Petitioner shall file a completed application for leave to proceed in forma pauperis or pay the required appeal filing fee of $455.00.

2. The Clerk shall mail the attached in forma pauperis application to Petitioner at his last known address.

Failure to advise this Court of a change of address or failure to comply with any order of this Court will be deemed as a purposeful delay and contumacious act by Petitioner and may result in the denial of in forma pauperis status by the Fifth Circuit.

MOTION TO PROCEED IN FORMA PAUPERIS

I, _____________________________________, declare that I am the plaintiff in the above-entitled proceeding; that in support of my request to proceed without prepayment of fees or costs under 28 U.S.C. § 1915 I declare that I am unable to pay the costs of these proceedings and that I am entitled to the relief sought in the complaint. Signed: ___________________________ Date: _________________________

Form 4 of Federal Rules of Appellate Procedure Affidavit Accompanying Motion for Permission to Appeal In Forma Pauperis INSTRUCTIONS

Complete all questions in this application and then sign it. Do not leave any blanks: if the answer to a questions is "0," "none," or "not applicable (N/A)," write in that response. If you need more space to answer a question or to explain your answer, attach a separate sheet of paper identified with you name, your case's docket number, and the question number.

AFFIDAVIT IN SUPPORT OF MOTION

I swear or affirm under penalty of perjury that, because of my poverty, I cannot prepay the docket fees of my appeal or post a bond for them. I believe I am entitled to redress. I swear or affirm under penalty of perjury under United States laws that my answers on this form are true and correct. ( 28 U.S.C. § 1746; 18 U.S.C. § 1621) Signed: ______________________________ Date: ________________________________

My issues on appeal are: ____________________________________________________________ _________________________________________________________________ _________________________________________________________________ _________________________________________________________________ DATES OF GROSS EMPLOYER ADDRESS EMPLOYMENT MONTHLY PAY DATES OF GROSS EMPLOYER ADDRESS EMPLOYMENT MONTHLY PAY FINANCIAL AMOUNT YOUR INSTITUTION TYPE OF ACCOUNT AMOUNT YOU HAVE SPOUSE HAS If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.

1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source: Average monthly Amount expected amount during the next month past 12 months You You Employment $_______ $______ Self-employment $_______ $______ Income from real property $_______ $______ such as rental income) Interest and dividends $_______ $______ Gifts $_______ $______ Alimony $_______ $______ Child support $_______ $______ Retirement (such as social $_______ $______ security pensions, annuities, insurance) Disability (such as social $_______ $______ security insurance payments) Unemployment payments $_______ $______ Public-assistance (such as welfare) $_______ $______ Other (specify): _________________ $______ $______ Total monthly income: $_______ $______ 2. List your employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.) 3. List your spouse's employment history, most recent employer first. (Gross monthly pay is before taxes or other deductions.) 4. How much cash do you and your spouse have? $______ Below, state any money you or your spouse have in bank accounts or in any other financial institution. 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. HOME (VALUE) OTHER REAL ESTATE (VALUE) OTHER ASSETS (VALUE) MOTOR VEHICLE # 1 VALUE: ______________________ MAKE YEAR: ___________________ MODEL: ___________________ REGISTRATION #: ___________________ MOTOR VEHICLE # 2 VALUE: ______________________ MAKE YEAR: ___________________ MODEL: ___________________ REGISTRATION #: ___________________ 6. State every person, business, or organization owing you or your spouse money, and the amount owed. PERSON OWING YOU OR AMOUNT OWED AMOUNT OWED YOUR SPOUSE MONEY TO YOU TO YOUR SPOUSE 7. State the persons who rely on you or your spouse for support. NAME RELATIONSHIP AGE 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your Spouse Rent or home-mortgage payment $_____ $________ (include lot rented for mobile home) Are real-estate taxes included? [] Yes [] No Is property insurance included? [] Yes [] No Utilities (electricity, heating fuel, $_____ $________ water, sewer, and Telephone) Home maintenance (repairs and upkeep) $_____ $________ Food $_____ $________ Clothing $_____ $________ Laundry and dry-cleaning $_____ $________ Medical and dental expenses $_____ $________ Transportation (not including motor $_____ $________ vehicle payments) Recreation, entertainment, $_____ $________ newspapers, magazines, etc. Insurance (not deducted from wages or $_____ $________ included in Mortgage payments) Homeowner's or renter's $_____ $________ Life $_____ $________ Health $_____ $________ Motor Vehicle $_____ $________ Other: ________________________ $_____ $________ Taxes (not deducted from wages or $_____ $________ included in Mortgage payments) (specify): ___________________ Installment payments $_____ $________ Motor Vehicle $_____ $________ Credit card (name): __________ $_____ $________ Department store (name): _____ $_____ $________ Other: _______________________ $_____ $________ Alimony, maintenance, and support $_____ $________ paid to others Regular expenses for operation of $_____ $________ business, profession, or farm (attach detailed statement) Other (specify): ______________ $_____ $________ Total monthly expenses: $_____ $________ 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? [] Yes [] No If yes, describe on an attached sheet. 10. Have you paid — or will you be paying — an attorney any money for services in connection with this case, including the completion of this form? []Yes [] No If yes, how much? $__________ If yes, state the attorney's name, address, and telephone number: ___________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 11. Have you paid — or will you be paying — anyone other than an attorney (such as a paralegal or a typist) any money for services in connection with this case, including the completion of this form? [] Yes [] No If yes, how much? $__________ If yes, state the person's name, address, and telephone number: ____________________________________________________________________________________ ____________________________________________________________________________________ ____________________________________________________________________________________ 12. Provide any other information that will help explain why you cannot pay the docket fees for your appeal. 13. State the address of your legal residence. ____________________________________________________________________________________ ____________________________________________________________________________________ Your daytime phone number: __ ________________ Your age: ________ Your years of schooling: ________ Your social-security number: _______________ Signed under penalty of perjury: _________________________________________ Date: __________________________

— MUST BE COMPLETED BY PETITIONER — Authorization for Release of Institutional Account Information and Payment of the Appeal Filing Fee

28 U.S.C. Section 1915 I, _________________________________________, __________________________________ (Name of Petitioner) (Prisoner Number) authorize the Clerk of Court to obtain, from the agency having custody of my person, information about my institutional account, including balances, deposits and withdrawals. The Clerk of Court may obtain my account information from the past six months and in the future, until the appeal filing fee is paid. I also authorize the agency having custody of my person to withdraw funds from my account and forward payments to the Clerk of Court, in accord with . _________________________________________ (Signature of Petitioner) ____________________________ (Date) IT IS PLAINTIFF'S RESPONSIBILITY TO HAVE THE APPROPRIATE PRISON OFFICIAL COMPLETE AND CERTIFY THE CERTIFICATE BELOW CERTIFICATE TO BE COMPLETED BY AUTHORIZED OFFICER (Prisoner Accounts Only) I certify that the applicant named herein has the sum of $_____________________ on account to his credit at the ___________________________________ institution where he is confined. I further certify that the applicant likewise has the following securities to his credit according to the records of said institution: ___________________________________________________________. balance deposit RETURN COMPLETED FORM TO: U. S. DISTRICT CLERK 245 E. CAPITOL ST., ROOM 316 JACKSON, MS 39201 I further certify that during the last six (6) months the Petitioner's average monthly was $__________. I further certify that during the last six (6) months the Petitioner's average monthly was $___________. __________________ ________________________________ TELEPHONE NUMBER AUTHORIZED OFFICER OF INSTITUTION OF OFFICER FOR VERIFICATION _______________________________ __________________ PRINT NAME OF AUTHORIZED OFFICER DATE