Bizzard v. Foraker

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF GEORGIA SAVANNAH DIVISION KASIB SEVEN BIZZARD, ) ) Plaintiff, ) ) v. ) CV423-004 ) AUSTIN FORAKER, et al., ) ) Defendants. ) ORDER Pro se plaintiff Kasib Seven Bizzard has requested an extension of his deadline to respond to the Court’s Report and Recommendation that his request to proceed in forma pauperis (“IFP”) be denied. See doc. 7.

However, after the Report and Recommendation was entered, Plaintiff consented to the undersigned’s jurisdiction over this case. See doc. 5.

Given his consent, the Report and Recommendation is moot. It is, therefore, VACATED. Doc. 4. However, as explained below, the defects in his request to proceed IFP remain.

As the Court previously explained, Bizzard’s disclosed assets preclude any finding that he may pursue his case in forma pauperis. See Doc. 4 at 1 (noting disclosed assets of $1,427). Bizzard’s request for additional time to respond to the Report and Recommendation asserts that it “does not rely on current info[r]mation.” Doc. 7 at 2. He also asserts that an unspecified “medical condition . . . show[s] that the alleged assets are not merely assets without a reason and are used to assist in his diabetic condition.” Id. His assertion that the financial information was not “current” is somewhat odd, given that it was information he provided. See doc. 2 at 2. His second assertion, that a medical condition results in expenses that might exhaust his available assets is more cogent. See, e.g., Adkins v. E.I. DuPond de Nemours & Co., 335 U.S. 331, 339 (1948) (assertion of poverty is sufficient to merit proceeding in forma pauperis if payment of costs would preclude acquisition of “the necessities of life.”). The Court will, therefore, provide him with an opportunity to supplement his request to proceed IFP.

In summary, the Court’s Report and Recommendation is VACATED. Doc. 4. Bizzard’s request for additional time to object to that Report and Recommendation is, therefore, DISMISSED as moot.

Doc. 7. He is DIRECTED to supplement his IFP Motion no later than February 27, 2023. The Clerk is DIRECTED to enclose a copy of Form AO 240 (Application to Proceed in District Court without Prepaying Fees or Costs (Short Form)) with this Order for Bizzard’s convenience. Bizzard is advised that any regular medical expenses he contends are relevant to his financial status should be disclosed in the section of the Form for listing “other regular monthly expenses.” Bizzard is advised that failure to timely comply with this Order may result in dismissal of this case. See Fed. R. Civ. P. 41(b).

SO ORDERED, this 26th day of January, 20238.

UNITED STATES MAGISTRATE JUDGE SOUTHERN DISTRICT OF GEORGIA