Opinion
CIVIL ACTION NO. 5:12-CV-491 (MTT)
12-18-2012
RUTH S. MILLER, Plaintiff, v. DEPARTMENT OF THE ARMY, Defendant.
ORDER
This matter is before the Court on Plaintiff Ruth S. Miller's Motion to Proceed in Forma Pauperis (Doc. 2). Pursuant to 28 U.S.C. § 1915(a), a district court must determine whether the statements contained in a financial affidavit satisfy the requirement of poverty. Martinez v. Kristi Cleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004). "Such an affidavit will be held sufficient if it represents that the litigant, because of his poverty, is unable to pay for the court fees and costs, and to support and provide necessities for himself and his dependents." Id. at 1307. The Court cannot yet make this determination, however, because the Plaintiff has incorrectly filed the IFP form for prisoners. Accordingly, the Plaintiff is ORDERED to file the Application to Proceed without Prepaying Fees (IFP) Non-Prisoner Long Form within 14 days of the entry of this Order for her Motion to be given consideration.
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MARC T. TREADWELL, JUDGE
UNITED STATES DISTRICT COURT