Opinion
Civil Action No. 08-cv-00708-BNB, (Removal from Denver District Court for the State of Colorado, Bank of New York v. Leslie Rousseau, et al., Case No. 08CV243).
May 19, 2008
ORDER
On April 16, 2008, Plaintiff was instructed to submit a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 or in the alternative to pay the filing fee in full. Rather than complying with the April 16, 2008, Order, Plaintiff filed a Letter with the Court asking for a waiver of payment of the filing fee and of the requirement to submit a Motion and Affidavit.
Pursuant to 28 U.S.C. § 1915(a), a federal district court "may authorize the commencement . . . of any suit [or] action . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fee or give security therefor." Section 1915(a) applies to all persons applying for in forma pauperis status. See Lister v. Dep't of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). This Court, however, may deny leave to proceed pursuant to § 1915 if a plaintiff fails to fill out the proper forms or to otherwise provide the Court with requisite information. See id. at 1313.
The information provided by Plaintiff in the May 15 Letter only addresses two sources of income and does not provide the information that is requested on the Court-approved form. Plaintiff refers to expenses in general in the Letter but does not provide the specific information that is requested on the Court-approved form regarding monthly expenses. Furthermore, the Letter is not notarized or sworn to as being true and correct as is required under 28 U.S.C. § 1746.
The Court, therefore, will deny Plaintiff's request for a waiver and direct him to properly complete and file the Motion and Affidavit form that was sent to him by the Clerk of the Court or in the alternative pay the filing fee. Accordingly, it is
ORDERED that Plaintiff's request for a waiver of the filing fee and of the requirement to submit to the Court a Motion and Affidavit for Leave to Proceed Pursuant to 28 U.S.C. § 1915 (Doc. No. 10), is DENIED. It is
FURTHER ORDERED that Plaintiff shall have an additional fifteen days from the date of the instant Order to comply. It is
FURTHER ORDERED that if Plaintiff fails to comply the action will be remanded to the state court.