Title
Approving the attached resolution denying the request of Jay Gordon Fairbanks to proceed in forma pauperis for his appeal of his dangerous dog determination to the Minnesota Court of Appeals.
Body
WHEREAS, Jay Gordon Fairbanks has petitioned for a writ of certiorari to appeal a determination by the Department of Safety and Inspections that his dog is a dangerous animal to the Minnesota Court of Appeals; and
WHEREAS, Mr. Fairbanks, has filed a motion to proceed in forma pauperis during the course of that appeal; and
WHEREAS, Minn. Stat. ยง 563.01, subd 3 states that upon a finding that the appeal is not of a frivolous nature, a litigant shall be allowed to proceed in forma pauperis if he files an affidavit substantially compliant with the language of the statue and which is found not to be untrue; and
WHEREAS, Mr. Fairbanks has submitted to the Department of Safety and Inspections an affidavit for proceeding in forma pauperis that indicates that he has no income, is waiting for SSI, Medical Assistance and food stamps, but also shows that his fiancee lives with him and has an income more than 125% of the federal poverty guidelines for a household of four; and
WHEREAS, such affidavit at this time is found by the Saint Paul City Council to not meet the requirements for allowing Mr. Fairbanks to proceed in forma pauperis; now, therefore, be it
RESOLVED, that the Saint Paul City Council denies Mr. Fairbanks request to proceed in forma pauperis for his appeal of his dangerous dog determination to the Minnesota Court of Appeals.
FURTHER RESOLVED, that Mr. Fairbanks may renew his motion at such time as he is determined to be eligible for public assistance.