IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA STATESBORO DIVISION

JIMMY RAHIAN AMIR BARBER,

Plaintiff, CIVIL ACTION NO.: 6:22-cv-68

v.

TIMOTHY C. WARD; WARDEN T. BOBBITT; OFFICER OSBORNE; and SHIFT MEDICAL STAFF,

Defendants.

O RDE R This matter is before the Court on the October 5, 2022 Report and Recommendation and Plaintiff’s Motions for Leave to Proceed in Forma Pauperis. Docs. 2, 5, 9. For the reasons which follow, I VACATE the Report and Recommendation and DENY Plaintiff’s Motions. I. The October 5, 2022 Report and Recommendation On September 9, 2022, Plaintiff, proceeding pro se, filed a Complaint against Defendants, alleging his constitutional rights were violated while he was housed at Georgia State Prison in Reidsville, Georgia. Doc. 1. Plaintiff also filed a Motion for Leave to Proceed in Forma Pauperis. Doc. 2. The Court deferred ruling on Plaintiff’s pauper motion, as Plaintiff did not use this Court’s preferred form. Doc. 4. The Court directed the Clerk of Court to provide Plaintiff with a blank copy of this Court’s preferred form, as well as a blank copy of a

form.1

The Court advised Plaintiff his failure to comply with the Court’s Order by returning the forms within 14 days would result in the dismissal of his cause of action.

. Plaintiff did not respond to this Court’s Order and, on October 5, 2022, I issued a Report recommending the dismissal of Plaintiff’s Complaint based on his failure to follow this Court’s

Order. Doc. 5. Plaintiff filed Objections to this Report and Recommendation, asserting he did not receive the Court’s prior Order until October 5, 2022. Doc. 6. Plaintiff has now filed another Motion for Leave to Proceed in Forma Pauperis, as well as his Inmate Account Statement and his Amended Complaint. Docs. 7, 8, 9. Because Plaintiff has now complied with the Court’s September 14, 2022 Order, I VACATE the October 5, 2022 Report and Recommendation. II. Plaintiff’s Motions for Leave to Proceed in Forma Pauperis Plaintiff has submitted two Motions for Leave to Proceed in Forma Pauperis and his Inmate Account Statement. Docs. 2, 7, 9. “‘Historically, while a party need not be absolutely destitute in order to proceed in forma pauperis in federal court, pauper status has been denied to

those bringing civil actions where they have adequate money to pay the filing fee.’” Order, Tobon v. Johns, 5:17-cv-117 (S.D. Ga. Sept. 15, 2017), ECF No. 9, p. 1 (quoting Henderson v. Kastenr, Civil Action No. 08-167,

, at *1 (E.D. Ky. Nov. 5, 2008) (denying in forma pauperis status to petitioner who had sufficient funds to pay filing fee)). Of course, in deciding whether to grant in forma pauperis status and excuse a party from paying a filing fee, the Court must consider the amount of the filing fee which, in this civil rights case, is $402.00.

(a). “When considering a motion filed pursuant to § 1915(a), ‘[t]he only

1 Despite the Court’s directive, the Clerk of Court did not provide Plaintiff with the Court’s preferred prisoner-plaintiff form. Doc 4 at 1; Doc. 4-2. This is of no moment, however, since Plaintiff filed his Inmate Account Statement, indicating the amount of money he has in his trust account. Doc. 7. determination to be made by the court . . . is whether the statements in the affidavit satisfy the requirement of poverty.’” Bailey v. McCalla Raymer LLC, No. 1:12-CV-0352,

, at *1 (N.D. Ga. Feb. 3, 2012) (quoting Martinez v. Kristi Kleaners, Inc.,

(11th Cir. 2004)), report and recommendation rejected on other grounds,

(N.D. Ga. Feb. 23, 2012). The Court has broad discretion to grant or deny an application to proceed in forma pauperis.

. According to the information Plaintiff has provided the Court, he has an account balance of $1,102.17 and has received $1,407.68 in deposits since July 2022. Doc. 7 at 1. Asa result, the Court DENIES Plaintiff's Motions for Leave to Proceed in Forma Pauperis. Docs. 2, 9. Plaintiff shall have 21 days from the date of this Order to pay the full filing fee. If the filing fee is not paid by that date, the Court will dismiss this action without prejudice. Local R. 4.2. SO ORDERED, this 10th day of November, 2022.

BOL BENIAMIN W.CHEESBRO UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA