United States District Court, E.D. Missouri, Eastern Division
MEMORANDUM AND ORDER
C. HAMILTON UNITED STATES DISTRICT JUDGE
matter is before the Court upon the motion for leave to
proceed in forma pauperis filed by pro se plaintiff
Zinaya Gaia. ECF No. 3. Because this filing does not comply
with the Local Rules of this Court or the federal statute
under which it may be granted, the Court will direct
plaintiff to file an amended application or pay the full
filing fee. The Court warns plaintiff that her failure to
comply with this Order could result in dismissal of this
September 12, 2019, plaintiff Zinaya Gaia, otherwise known as
Clarissa Marie Evans, filed a fifty-page document with the
Court titled “Notice of Tort Claim and Opportunity to
Cure.” ECF No. 1. Plaintiff claims to be a
“creditor” against “Debtor[s]” United
States of America, State of Missouri, St. Peters Police
Department, Maryland Heights Police Department, Missouri
State Highway Patrol, St. Charles County Police Department,
St. Charles County Courthouse, Judge Joel David Brett, and
Donald L. Kohl. Id. at 1.
October 1, 2019, the Court issued an Order directing
plaintiff to either pay the $400 filing fee or file a motion
to proceed without prepayment of fees and costs. ECF No. 2.
In response, plaintiff filed the court-form
“Application to Proceed in District Court Without
Prepaying Fees and Costs” but she filled in all the
blanks on the form with “N/A” except for the case
number field. ECF No. 3. Included with the form Application,
plaintiff attached a document titled “Affidavit to
Proceed without Payment” which states that the filing
fee should be waived because:
1) Pursuant to Article 1 section ten of the U.S. Constitution
nothing shall be tender for payment but silver and good coin
2) According to supreme court justice William Brennan there
is no charge for claims against the government.
3) Pursuant to HJR192 no debt can be lawfully paid.
4) Pursuant to 12 USC SECTIONS 210.10 and 210.12; debt can
only be discharged.
5) Per executive order 6102 our ability to pay our debts has
Id. at 3. This “Affidavit” contains an
unreadable signature and fingerprint - presumably belonging
to plaintiff. Plaintiff included four additional pages with
her Application that contain accusations against the U.S.
Postal Service that seem to have no relation to her request
to proceed without payment of the filing fee. Id. at
4-8. On October 24, 2019, plaintiff filed a supplement to her
Application that appears to contain the same information as
the first three pages of her original filing. ECF No. 5.
mail sent to plaintiff was returned as undeliverable, the
Court issued a Show Cause Order on November 27, 2019,
directing plaintiff to update the Court with her current
mailing address. ECF No. 7. Plaintiff responded that her
mailing address has not changed since she filed this action.
ECF No. 8. The Clerk of Court subsequently updated the docket
sheet to include a “c/o” in the plaintiff's
address, to hopefully cure the mailing problem.
the Local Rules of this Court: “An application to
proceed in forma pauperis shall be accompanied by a statement
of the applicant's financial information set forth on a
form provided by the Court. The Court may require the
submission of additional information in a particular
case.” E.D. Mo. L.R. 2.05(A). Additionally, under the
Local Rules, the Clerk can return any complaint submitted for
filing in forma pauperis which is not accompanied by an
affidavit as required by 28 U.S.C. § 1915(a). E.D. Mo.
L.R. 2.05(C). Under 28 U.S.C. § 1915(a)(1), the
affidavit should include “a statement of all
Court may authorize the commencement or prosecution of a
civil action without prepayment of fees if the plaintiff
demonstrates he or she “is unable to pay such fees or
give security therefor.” 28 U.S.C. § 1915(a)(1).
In forma pauperis status is a matter of privilege, not of
right. Williams v. McKenzie, 834 F.2d 152, 154 (8th
Cir. 1987). To enjoy the statute's benefits, a litigant
need not show that he is “absolutely destitute, ”
but he must demonstrate that, because of his poverty, he
cannot pay for the litigation costs and still be able to
provide for the ...