No. 18-7328

Anthony Sheely, et ux. v. Bank of America, N.A., et al.

Lower Court: Eleventh Circuit
Docketed: 2019-01-09
Status: Denied
Type: IFP
IFP
Tags: affidavit civil-procedure compensation costs court-access declaration due-process fifth-amendment financial-hardship in-forma-pauperis judicial-procedure legal-filing poverty poverty-exemption private-property regulatory-burden takings
Key Terms:
Environmental Securities
Latest Conference: 2019-03-15
Question Presented (AI Summary)

Whether the Takings Clause of the Fifth Amendment requires compensation when the government imposes a regulatory burden on private property that does not physically invade or appropriate the property

Question Presented (OCR Extract)

No question identified. : AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS L ANTHAY O4ecly sp. am the petitioner in the above-entitled case. In support of my motion to proceed in forma pauperis, I state that because of my poverty I am unable to pay the costs of this case or to give security therefor; and I believe I am entitled to redress. 1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. income source Average monthly amount during Amount expected the past 12 months next month You Spouse You Spouse Employment $ $ ~ Se SL Self-employment s 1150 $_. D § 1200. a oa Income from real property gO $7 ¢__ $ (such as rental income) Interest and dividends s_ DB $Y s__ 2 $_ Oo Gifts s@ ¢$8 ss B 5 GF Alimony 86 s_@ 3 @ 3 po Child Support sf 5 i 3 G $_ a Retirement (such as social $_ D $_ g Lr nS ae security, pensions, annuities, insurance) Disability (such as social $ s_ ¢ 7 g security, insurance payments) Unemployment payments $__O ga 5 OB _ 3 4 Public-assistance $ s_ 2 3 O_ $ (such as welfare) Other (specify): ie s_ G_ a an $ s_ 4 Total monthly income: $176) ¢ 5 g 2. List your employment history for the past two years, most recent first. (Gross monthly pay ‘ is before taxes or other deductions.) Employer Address Dates of Gross monthly pay Employment ee ee —_ $ ee ee — $_ 3. List your spouse’s employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of Gross monthly pay : Employment nS ren a $e ee — ee $e 4, How much cash do you and your spouse have? $__ 306 Below, state any money you or your spouse have in bank accounts or in any other financial institution. Type of account (e.g., checking or savings) Amount you gpve Amount your spouse has COLD. $. {50 a a GL a GB BL 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. (1 Home Cj Other real estate Value _ NA Value — (1 Motor Vehicle #1 ( Motor Vehicle #2 . Year, make & model Year, make & model vate NRSC C0 Other assets Description Value J : 6. State every person, business, or organization owing you or your spouse money, and the , amount owed. Person owing you or Amount owed to you Amount owed to your spouse your spo money y) Nie sw lA s li ee $e $e — $e $e 7. State the persons who rely on you or your spouse for support. For minor children, list initials instead of names (e.g. “J.S.” instead of “John Smith”). WA eA Age 8. Estimate the average monthly expenses of you and your family. Show separately the amounts __ paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (include lot rented for mobile home) $ s OO Are real estate taxes included? [] Yes [No Is property insurance included? C1 Yes CNo Utilities (lectricity, heating fuel, . a O water, sewer, and telephone) s 425 _ [ inal Home maintenance (repairs and upkeep) $ 2D s 20 Food : 3 300. s_ 360 _ Clothing s 5 O. Laundry and dry-cleaning fap i Medical and dental expenses $e $0 You _ Your spouse Transportation (not including motor vehicle payments) § (7) $ BG Recreation, entertainment, newspapers, magazines, etc. $ PD $ C/ 2 Insurance (not deducted from wages or included in mortgage payments) Homeowner’s or renter’s $e GL Life . $F $e Health s_ 1GO™ 3 407 ° Motor Vehicle sO s QO Other: sO 7 s Do Taxes (not deducted from wages or included in mortgage payments) (specify): — gs A n/a Installment payments Motor Vehicle ne a eo a Credit card(s) $s > a — a Department store(s) $e 5 Other: a a ge Alimony, maintenance, and support paid to others

Docket Entries

2019-03-18
Petition DENIED.
2019-02-21
DISTRIBUTED for Conference of 3/15/2019.
2018-11-13
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due February 8, 2019)

Attorneys

Anthony Sheely, et al.
Anthony Sheely Jr. — Petitioner
Anthony Sheely Jr. — Petitioner