Whether the petitioner's constitutional rights were violated when the lower court denied his motion to proceed in forma pauperis without considering his financial circumstances

No question identified. : hereto in accordance with Sup.Ct.R. 39.2. 3. In view of the fact that the undersigned is representing the petitioner pro bono, rather than as appointed counsel, pursuant to Sup.Ct.R. 39, and as instructed in the Clerk’s letter of March 16, 2020, attached hereto is the petitioner’s Declaration in Support of this motion and inmate trust account statement. Respectfully submitted, t <— ‘ Michael J. Stengel (Tennessee #12260) Counsel for Petitioner, Howard Atkins 619 South Cooper Street Memphis, TN 38104 (901)527-3535 Certificate of Service I, Michael J.. Stengel, a member of the bar of this Court, certify that pursuant to Rule 29, I have served the Motion for Leave to Proceed In Forma Pauperis and the Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit, on counsel for the respondent, by enclosing a copy thereof, postage prepaid, addressed to the Solicitor General of the United States, Department of Justice, Room 5614, 950 Pennsylvania Ave., N.W., Washington, D.C. 20530-0001; and depositing the same in the mails at Memphis, Tennessee, and further certify that all parties required to be served, were served with 2 the original motion on March 11, 2020 and have been served with this updated motion this 3*4 day of April, 2020. Michael J. engel & 3 AFFIDAVIT OR DECLARATION IN SUPPORT OF MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Howard J. Atkins , 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 g 63-00 g_ N/A g 63+00 $ N/A Self-employment $ 00.00 $ N/A $ 00.00 $ N/A Income from real property g 00-00 g N/A g_ 00.00 g N/A (such as renta! income) Interest and dividends g_00.00 ¢_ N/A g_00-00 ¢ N/A Gifts g_ 75-00 $ N/A $ 00.00 $ N/A Alimony g_00-00 _ g N/A g_00-00 g N/A Child Support g_00.00 g_N/A g_00-00 g N/A Retirement (such as social $_00.00 g_ N/A g_00-00 — g_N i: A security, pensions, annuities, insurance) Disability (such as social $_00-00 gg N/A gg 90-00 g N/A security, insurance payments) Unemployment payments g_00-00 g N/A g_00.00 g N/A Public-assistance $ 00.00 $ N/A $ 00.00 $ N/A (such as welfare) Other (specity):_ ¢ 00-00 g N/A ¢ 00.00 g N/A Total monthly income: $¢_ / 38. 100° $ NA __ g 03:00 g VA 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 TDOC / TRICOR same as mine Employment 2019 § 425.00 tThoc == same as mine = Apr2019 = present g 63-00 ee oe 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 Emplo tt N/A N/A mploymen g_N/A ee ee ee $s — ee —— $0 4. How much cash do you and your spouse have? $0.00 Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has TDOC trust fund $ 750.46 $ N/A — GG a a: 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. C) Home C] Other real estate Value ___N/A Value _N/A CO Motor Vehicle #1 O Motor Vehicle #2 N/A Year, make & model N/A Year, make & model : Value Value C) Other assets Deseription___ N