Jordan Michael Davis v. Kayla Potts, Officer, et al.

Summary

The United States District Court for the Eastern District of Arkansas denies Jordan Davis's motion to proceed in forma pauperis, finding that his income and savings do not establish indigency. The court also denies his motion for appointed counsel without prejudice and orders him to pay the $405 filing fee within 30 days, warning that failure to do so will result in dismissal without prejudice.

Holdings

1. Plaintiff was not entitled to proceed in forma pauperis because his reported earnings and savings, together with his minimal expenses and lack of dependents, did not establish indigency.
2. Appointment of counsel was unwarranted at that stage because Plaintiff was not indigent and the court found that he was capable of representing himself in a young, noncomplex case.
3. Plaintiff was required to pay the full $405 filing fee within thirty days, and, after payment, was responsible for obtaining service of process on the named defendants; failure to pay would result in dismissal without prejudice.

Questions Presented

1. Whether Plaintiff qualified to proceed in forma pauperis under 28 U.S.C. § 1915.
2. Whether the court should appoint counsel for Plaintiff.
3. What filing-fee and service obligations should follow denial of in forma pauperis status.

Disposition

other