WEBB v. LOPEZ et al
| MIKE WEBB Major doing business as MAJOR MIKE WEBB FOR VA also known as FRIENDS FOR MIKE WEBB agent of MAJOR MIKE WEBB FOR CONGRESS doing business as ANGELS OF LIBERTY and FRIENDS FOR MIKE WEBB |
| ALPHONSO LOPEZ, JOSE QUIROZ, COUNTY OF ARLINGTON, ARLINGTON DEMOCRATS, IVY CRIMMINS LLC, GRETCHEN REINEMEYER, ARLINGTON COUNTY ELECTORAL BOARD (ACEB), JOHN O'BANNON, STATE BOARD OF ELECTIONS (SBE), META PLATFORMS, INC., TWITTER, INC. and CAPITAL INVESTMENT ADVISORS LLC doing business as INFINITY APARTMENTS |
| 1:2023cv01239 |
| April 27, 2023 |
| US District Court for the District of Columbia |
| Ana C Reyes |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1961 Racketeering (RICO) Act |
| None |
Docket Report
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| Filing 11 Supplemental Record on Appeal transmitted to US Court of Appeals re USCA Appeal Fees; Appeal Fees received 6/8/2023; re Order on Motion for Leave to Appeal in forma pauperis 6/15/2023. USCA Case Number 23-07072. (ztth) |
MINUTE ORDER: This matter is before the Court on Plaintiff Mike Webb's Motion for Leave to Appeal In Forma Pauperis and the affidavit submitted in support thereof. Dkt. 10. "Whether to permit or deny an application to proceed in forma pauperis is within the sound discretion of the Court." Howard v. United States, No. 09-1663, 2011 WL 6033078, at *1 (D.D.C. Dec. 5, 2011) (internal quotation marks omitted). "In exercising that discretion, the district courts consider whether the affiant demonstrates that because of his poverty he cannot pay or give security for the costs and still be able to provide himself and dependents with the necessities of life." Id. (internal quotation marks omitted). In this case, two considerations lead the Court to conclude that Plaintiff's application to proceed in forma pauperis should be denied. First, Plaintiff did not seek in forma pauperis status before this Court and paid the $402 fee to file his Complaint on April 27, 2023, see Dkt. 1 (listing receipt number for payment of filing fee), and his affidavit provides no indication that his financial condition has materially changed within the past two months, see Dkt. 10. The Court also notes that it directed the Clerk to return the filing fee to Plaintiff in the Court's May 19, 2023 Order. See Dkt. 6. Together, these facts strongly indicate that Plaintiff will not be denied access to the courts solely due to his financial status if he is denied leave to proceed in forma pauperis on appeal. See, e.g., Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002). Second, the Court finds that Plaintiff has a "low likelihood of success on appeal." See Howard, 2011 WL 6033078, at *1. Indeed, as discussed in this Court's Order dismissing Plaintiff's Complaint without prejudice, Plaintiff's Complaint is "long and convoluted" and "not for lack of trying, the Court does not understand the nature of the asserted claims." See Dkt. 6. Because of these two considerations, this is not a situation where Plaintiff will be "force[d]... to abandon what may be a meritorious claim in order to spare himself complete destitution." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 340 (1948). Accordingly, it is hereby ORDERED that Plaintiff's Motion for Leave to Proceed on Appeal In Forma Pauperis (Dkt. 10) is DENIED. Signed by Judge Ana C. Reyes on 6/15/23. (lcas)
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| Filing 10 MOTION for Leave to Appeal in forma pauperis by MIKE WEBB. (zcb) |
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Filing 9
ORDER of USCA as to #7 Notice of Appeal to DC Circuit Court filed by MIKE WEBB ; USCA Case Number 23-7072. (zcb).
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| USCA Case Number 23-7072 for #7 Notice of Appeal to DC Circuit Court filed by MIKE WEBB. (ztth) |
| USCA Appeal Fees received $ 505 receipt number 204819 re #7 Notice of Appeal to DC Circuit Court filed by MIKE WEBB. (ztth) |
| Filing 8 Transmission of the Notice of Appeal, Order Appealed (Memorandum Opinion), and Docket Sheet to US Court of Appeals. The fee remains to be paid and another notice will be transmitted when the fee has been paid in the District Court or motion to proceed In Forma Pauperis has been decided re #7 Notice of Appeal to DC Circuit Court. (ztth) |
| Filing 7 NOTICE OF APPEAL TO DC CIRCUIT COURT as to #6 Order by MIKE WEBB. Fee Status: No Fee Paid. Parties have been notified. (ztth) |
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Filing 6
ORDER dismissing the case without prejudice. The Clerk is directed to return the filing fee to Plaintiff. Signed by Judge Ana C. Reyes on 5/19/2023. (lcas)
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| Filing 5 MOTION for Writ of Mandamus to Compel Appointment of Federal Observers by MIKE WEBB. (ztth) |
| Filing 4 MOTION for Summary Judgment, MOTION for Temporary Restraining Order by MIKE WEBB. (ztth) |
| Filing 3 AMENDED AFFIDAVIT in support of Verified Complaint re #1 Complaint, by MIKE WEBB. (ztth) |
| Filing 2 MOTION to Issue Summons by MIKE WEBB. (Attachment: #1 Summonses)(ztth) |
| Filing 1 COMPLAINT against ARLINGTON COUNTY ELECTORAL BOARD (ACEB), ARLINGTON DEMOCRATS, CAPITAL INVESTMENT ADVISORS LLC, COUNTY OF ARLINGTON, GRETCHEN REINEMEYER, IVY CRIMMINS LLC, ALPHONSO LOPEZ, META PLATFORMS, INC., JOHN O'BANNON, JOSE QUIROZ, STATE BOARD OF ELECTIONS (SBE), TWITTER, INC. ( Filing fee $ 402, receipt number 204581) filed by MIKE WEBB. (Attachments: #1 Attachment, #2 Affidavit, #3 Civil Cover Sheet)(ztth) |
| SUMMONS Not Issued as to ARLINGTON COUNTY ELECTORAL BOARD (ACEB), ARLINGTON DEMOCRATS, CAPITAL INVESTMENT ADVISORS LLC, COUNTY OF ARLINGTON, GRETCHEN REINEMEYER, IVY CRIMMINS LLC, ALPHONSO LOPEZ, META PLATFORMS, INC., JOHN O'BANNON, JOSE QUIROZ, STATE BOARD OF ELECTIONS (SBE), TWITTER, INC. (ztth) |
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