Opinion
C.A. No. S08C-12-027 THG.
February 6, 2009.
ORDERS DENYING MOTION TO PROCEED IN FORMA PAUPERIS AND DISMISSING CASE
1) Plaintiff Earl Simmons ("plaintiff") filed a complaint in this matter and a motion to proceed in forma pauperis.
2) In the complaint, plaintiff seeks relief on behalf of his company, Jet International Company. Plaintiff failed to provide information as to whether Jet International Company was incorporated and he failed to provide any information in his motion to proceed in forma pauperis regarding his interest in that company.
3) In an order dated January 14, 2009, this Court directed that plaintiff file information so that the Court could determine two things. First, it needed to determine whether plaintiff had more income or assets than he listed in his motion to proceed in forma pauperis. Second, it needed to determine whether Jet International Company was incorporated and consequently, must be represented by an attorney.
4) The Court directed plaintiff to file this information by February 6, 2009, or risk dismissal of the action. Plaintiff failed to file the required information.
NOW, THEREFORE, THIS __________ DAY OF FEBRUARY, 2009, IT IS HEREBY ORDERED AS FOLLOWS:
1) Plaintiff's motion to proceed in forma pauperis is DENIED.
2) Plaintiff will not be allowed to proceed in forma pauperis in the Superior Court in this action or in any future action until he provides information establishing what interest he has in Jet International Company, setting forth the earnings and debt of the company and providing tax documents filed for the company within three years of January 14, 2009.
3) Because plaintiff has not complied with the Court's directive, the Court cannot tell if Jet International is incorporated. If it is, then it must be represented by counsel. Plaintiff cannot pursue an action on behalf of an incorporated business. Thus, the complaint is DISMISSED.