Larry L. Thomas, Jr. v. Major Ron James
CourtCourt of Appeals for the Eleventh Circuit
Date FiledNovember 2, 2026
Docket25-13876
StatusUnpublished
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Full Opinion
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NOT FOR PUBLICATION
In the
United States Court of Appeals
For the Eleventh Circuit
____________________
No. 25-13876
Non-Argument Calendar
____________________
LARRY L. THOMAS, JR.,
Plaintiff-Appellant,
versus
MAJOR RON JAMES,
Thomas County Sheriff,
DEPUTY DYLAN GROVES,
Thomas County Sheriff,
Defendants-Appellees.
____________________
Appeal from the United States District Court
for the Middle District of Georgia
D.C. Docket No. 7:25-cv-00117-WLS
____________________
Before NEWSOM, KIDD, and ANDERSON, Circuit Judges.
PER CURIAM:
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2 Opinion of the Court 25-13876
Larry Thomas, a non-prisoner proceeding pro se, appeals
from the district court’s order denying with prejudice his second
motion for leave to proceed in forma pauperis (“IFP”) in his civil
rights action for his failure to establish his status as a pauper. See
Dist. Ct. Doc. 6 (“October 21 Order”). On appeal, Thomas argues
that the district court should have granted his IFP motion, as his
financial affidavit and supporting materials established his indi-
gency, and asserts that the court’s denial was because of the court’s
personal bias against him and conflicted with another judge’s find-
ing that he was a pauper in a separate case that was based on the
same information he provided in this case. 1
We review a district court’s denial of a motion for leave to
proceed IFP under 28 U.S.C. § 1915(a) for abuse of discretion. Mar-
tinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1306 (11th Cir. 2004). “A
district court abuses its discretion if it applies an incorrect legal
standard, follows improper procedures in making the determina-
tion, or makes findings of fact that are clearly erroneous.” Martin
v. Automobili Lamborghini Exclusive, Inc., 307 F.3d 1332, 1336 (11th
Cir. 2002) (citation omitted). A complaint dismissed as frivolous
under § 1915(e)(2)(B)(i) is reviewed only for abuse of discretion. Bi-
lal v. Driver, 251 F.3d 1346, 1348-49 (11th Cir. 2001). “A claim is friv-
olous if it is without arguable merit either in law or fact.” Id.
at 1349. We review de novo a district court’s sua sponte dismissal
1 In deference to his pro se status, we collectively consider both Thomas’s
premature brief and subsequent merits brief in presenting his argument on
appeal.
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25-13876 Opinion of the Court 3
of a complaint for failure to state a claim under § 1915(e)(2)(B)(ii),
using the same standard as when reviewing a dismissal under Fed-
eral Rule of Civil Procedure 12(b)(6), and view the allegations in
the complaint as true. Mitchell v. Farcass, 112 F.3d 1483, 1490 (11th
Cir. 1997).
“When considering a motion filed pursuant to § 1915(a), the
only determination to be made by the court is whether the state-
ments in the affidavit satisfy the requirement of poverty.” Mar-
tinez, 364 F.3d at 1307 (quotation and ellipsis omitted). Absent se-
rious misrepresentation, an affidavit should be accepted as true and
show the litigant, because of their poverty, is unable to pay the
costs and fees. Id. A litigant need not be “absolutely destitute” to
qualify for IFP status. Id. Once an affidavit demonstrates economic
eligibility, “the court should first docket the case,” then proceed to
screen the complaint. Id. (quotation omitted).
At step two, district courts are directed to dismiss the com-
plaint of any plaintiff proceeding IFP if the court determines that
the complaint is (i) frivolous or malicious, or (ii) fails to state a claim
on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i)-(ii). To
survive screening under § 1915(e)(2), a complaint, viewed in light
most favorable to the plaintiff and accepting all allegations in the
complaint as true, must allege sufficient facts to state a claim that
is plausible on its face. Dimanche v. Brown, 783 F.3d 1204, 1214 (11th
Cir. 2015); Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).
Where a more carefully drafted complaint might state a
claim, a plaintiff generally gets at least one chance to amend before
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4 Opinion of the Court 25-13876
the court dismisses the case with prejudice. Bank v. Pitt, 928 F.2d
1108, 1112 (11th Cir. 1991), overruled in part by Wagner v. Daewoo
Heavy Indus. Am. Corp., 314 F.3d 541, 542 (11th Cir. 2002) (en banc)
(narrowing Bank to pro se plaintiffs only). A district court is not
required to allow the opportunity for amendment when (1) there
has been undue delay, bad faith, dilatory motive, or repeated fail-
ure to cure deficiencies by amendments previously allowed; (2) al-
lowing an amendment would cause undue prejudice to the oppos-
ing party; or (3) an amendment would be futile. Bryant v. Dupree,
252 F.3d 1161, 1163 (11th Cir. 2001) (citation omitted).
While pro se pleadings are held to a less stringent standard
than pleadings drafted by attorneys and will be liberally construed,
a court may not “serve as de facto counsel for a party [or] rewrite
an otherwise deficient pleading in order to sustain an action.”
Campbell v. Air Jam. Ltd., 760 F.3d 1165, 1168-69 (11th Cir. 2014).
Here, liberally construing Thomas’s briefs together, the dis-
trict court abused its discretion by finding that Thomas failed to
show he was financially eligible for IFP status. Thomas’s affidavits
consistently stated that he was homeless, unemployed, and did not
have savings or assets. If credited, those statements establish that
Thomas could not pay the costs of litigation. Martinez, 364 F.3d at
1307. Thomas’s submission of his SNAP transaction history ad-
dressed the district court’s skepticism about how he paid for his
basic necessities. Rather than crediting that corroboration or iden-
tifying any other possible instance of misrepresentation, the district
court held that the mere receipt of SNAP benefits was insufficient
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25-13876 Opinion of the Court 5
to overcome its doubts about Thomas’s representations in his affi-
davit that he had no income, expenses, debts, or assets. However,
Thomas was not required to show he was “absolutely destitute” to
qualify for IFP status. Martinez, 364 F.3d at 1307. Thus, the district
court applied a more stringent pauper standard than called for un-
der Martinez and, thus, abused its discretion. See id.; see Martin, 307
F.3d at 1336.
In the district court’s October 21 Order, which we review in
this appeal, the district court denied Thomas’s IFP motion on the
sole basis that Thomas had provided insufficient information to en-
able the district Court to make a finding of poverty. We now hold
that the district court erred in so ruling. However—after Thomas
had filed on October 29, 2025, a notice appealing the October 21
Order—the district court addressed Thomas’s motion to appeal in
forma pauperis. See Dist. Ct. Doc. 16 (“January 16, 2026, Order”). In
that order, the district court held that, even if Thomas had satisfied
the poverty requirement, the district court “would have dismissed
the complaint as frivolous.” Id. at 6. In addition, the district court
suggested that Thomas’s case might have been dismissed as a sanc-
tion for his bad faith, litigious prosecution of frivolous claims. As-
suming arguendo that we can consider—as actions in furtherance
of a pending appeal, see Mahone v. Ray, 326 F.3d 1176 (11th Cir.
2003)—the statements of the district court in its post-appeal, Janu-
ary 16, 2026, order, we nevertheless conclude that this case should
be vacated and remanded. With respect to the district court’s state-
ment—i.e. “even if the Court had found Plaintiff to meet the pov-
erty requirements of § 1915, it would have dismissed the complaint
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6 Opinion of the Court 25-13876
as frivolous,” id. at 6—the district court’s analysis failed to address
Thomas’s primary claims that the defendants refused to provide
requested records in violation of his constitutional and statutory
rights. We do not believe that the district court’s analysis of the
frivolity issue is sufficient to enable meaningful appellate review,
and, in any event, we prefer that the district court address the fail-
ure-to-provide-reports claims in the first instance. With respect to
the sanctions issue, it is not at all clear that the district court actually
imposed the sanction of dismissing Thomas’s case. 2 Even assum-
ing the district court may have intended, either on October 21,
2025, or on January 16, 2026, to dismiss the case as a sanction, its
analysis in support thereof is insufficient to allow meaningful ap-
pellate review. Moreover, there is no briefing at all on the issue;
Thomas’s brief on appeal does not address the issue and there is no
appellee brief.
For the foregoing reasons, the district court’s judgment
denying Thomas’s motion to proceed IFP is vacated, and this case
is remanded to the district court for further proceedings not incon-
sistent with this opinion
VACATED AND REMANDED.
2 It is clear that the district court’s October 21 Order, the order which is before
us on appeal, did not impose the sanction of dismissal; it denied Thomas’s mo-
tion solely because he failed to satisfy the poverty requirement.