IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF ALABAMA
GMAC MORTGAGE CORPORATION, et al.,
RECOMMENDATION OF THE MAGISTRATE JUDGE
Pursuant to the referral of this case for consideration and disposition or
recommendation on all pretrial matters (Doc. 3, April 1, 2005), the Magistrate Judge
recommends, for the good cause herein explained, that Plaintiff not be allowed to proceed
in forma pauperis and that this action be DISMISSED pursuant to Rule 11, Federal Rules of
Civil Procedure, and 28 U.S.C. § 1915.
On or around March 28, 2005, an African American female presented to the Clerk’s
office for filing the then-unsigned complaint in this action and purported to have “power of
attorney” to sign the complaint for the incarcerated named plaintiff, Steve Tolbert Asked to
show documentation for her authority, the woman could not produce any and left without
providing any identification; she returned the next morning with the same complaint – with
its voluminous attachments – along with an Application to Proceed Without Prepayment of
Fees and Affidavit, each signed “Mr. Steve Tolbert #136371" apparently by the same person,
Case 2:05-cv-00283-MHT-DRB Document 4 Filed 04/05/2005 Page 1 of 5
Tolbert v. GMAC Mortgage Corporation et al (JC)(MAG+)
1The foregoing facts have been supplied to the court by the Deputy Clerk involved, Chiquita
Baxter, who made contemporaneous reports to Deputy Clerk, Debbie Yates and to the Clerk, Debbie
Hackett The Magistrate Judge has examined the signatures on this plaintiff’s pleadings in his prior
action and compared them to those on the pleadings now submitted.
who also “declare[d] under penalty or perjury” to the truthfulness and correctness of each.
Though the Clerk permitted the complaint and application to be docketed, she reported
promptly and properly her suspicion that the named plaintiff had not signed either pleading.