DAVIS v. H&R BLOCK
DAVIS v. H&R BLOCK
Trial Court Opinion
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA ATHENS DIVISION GENE RENARD DAVIS, Plaintiff, CIVIL ACTION NO. v. 3:25-cv-00092-TES H&R BLOCK, et al., Defendants.
ORDER
Pro se Plaintiff Gene Renard Davis filed a Complaint [Doc. 1] on June 4, 2025, but neither paid the $405.00 filing fee nor requested leave to proceed in forma pauperis (“IFP”). In order to proceed, he must do one or the other. If Plaintiff moves to proceed IFP, he must do so by “submit[ting] an affidavit that includes a statement of all assets [he]1 possesses that [he] is unable to pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense or appeal and [his] belief that [he] is entitled to redress.”
28 U.S.C. § 1915(a)(1). Accordingly, the Court ORDERS Plaintiff to pay the $405.00 filing fee or move to proceed IFP within 14 days of the date of this Order and DIRECTS the Clerk of Court
1 “Despite the statute’s use of the phrase ‘prisoner possesses,’ the affidavit requirement applies to all persons requesting leave to proceed [in forma pauperis].” Martinez v. Kristi Kleaners, Inc.,
364 F.3d 1305, 1306 n.1 (11th Cir. 2004). to mail Plaintiff a copy of the Court’s IFP application along with this Order. If Plaintiff fails to comply with this Order, this case will be dismissed. See Fed. R. Civ. P. 41(b);
Brown v. Tallahassee Police Dep’t,
205 F. App’x 802, 802(11th Cir. 2006) (per curiam) (first citing Fed. R. Civ. P. 41(b) and then citing Lopez v. Aransas Cnty. Indep. Sch. Dist.,
570 F.2d 541, 544(5th Cir. 1978)) (“The court may dismiss an action sua sponte under Rule
41(b) for failure to prosecute or failure to obey a court order.”). SO ORDERED, this 12th day of June, 2025. S/ Tilman E. Self, III TILMAN E. SELF, III, JUDGE UNITED STATES DISTRICT COURT
Reference
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