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GONZALEZ v. NEW CENTURY MORTGAGE, 14-61547-CIV-LENARD/GOODMAN. (2014)

Court: District Court, N.D. Florida Number: infdco20141104788 Visitors: 12
Filed: Nov. 03, 2014
Latest Update: Nov. 03, 2014
Summary: ORDER REQUIRING PLAINTIFF TO RE-FILE HER MOTION TO PROCEED IN FORMA PAUPERIS , PAY THE REQUISITE FILING FEE, OR ELSE SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED JONATHAN GOODMAN, Magistrate Judge. This matter is before the Court on the District Court's referral [ECF No. 5] of Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs (form AO 239) ("motion to proceed in forma pauperis ") [ECF No. 2]. The Undersigned previously denied without prejudice
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ORDER REQUIRING PLAINTIFF TO RE-FILE HER MOTION TO PROCEED IN FORMA PAUPERIS, PAY THE REQUISITE FILING FEE, OR ELSE SHOW CAUSE WHY THIS CASE SHOULD NOT BE DISMISSED

JONATHAN GOODMAN, Magistrate Judge.

This matter is before the Court on the District Court's referral [ECF No. 5] of Plaintiff's Application to Proceed in District Court without Prepaying Fees or Costs (form AO 239) ("motion to proceed in forma pauperis") [ECF No. 2].

The Undersigned previously denied without prejudice Plaintiff's motion to proceed in forma pauperis because Plaintiff failed to sign and date the requisite affidavit contained in form AO 239. As noted in that prior Order [ECF No. 6], without the affidavit, the Court cannot verify Plaintiff's statements regarding assets, income, and expenses that must be weighed in considering whether to grant the motion to proceed in forma pauperis.

In that prior Order, the Undersigned noted that the Plaintiff could re-file her motion to proceed in forma pauperis, and that once she did, the Court would again evaluate her application.

More than two months have passed and Plaintiff has still not re-filed her motion to proceed in forma pauperis. The Undersigned, by this Order, will give Plaintiff an additional period of time to re-file her motion to proceed in forma pauperis or to pay the $400.00 filing fee necessary to file her complaint. Plaintiff has until December 1, 2014 to re-file her motion to proceed in forma pauperis, with a properly signed affidavit, to pay the $400.00 filing fee necessary to file her complaint, or else to show cause why this case should not be dismissed. If the Plaintiff fails to meet this deadline, then the Undersigned will recommend to the District Court that this action be dismissed.1

DONE and ORDERED.

FootNotes


1. The Eleventh Circuit has affirmed sua sponte dismissal with prejudice of a pro se plaintiff's case for repeated failure to prosecute after a finding that lesser sanctions would not remedy the plaintiff's intransigence. See Thomas v. Montgomery Cnty. Bd. of Educ., 170 F. App'x 623, 626 (11th Cir. 2006). In this case, should Plaintiff continue to fail to re-file her motion to proceed in forma pauperis there would be ample ground for a finding that lesser sanctions would not cure her intransigence — Plaintiff will have failed to prosecute her case.
Source:  Leagle

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