Summary
This memorandum and order from the U.S. District Court for the Eastern District of New York addresses two pro se complaints filed by Mark Harrison against DEA agents. The court denies Harrison’s applications to proceed in forma pauperis due to insufficient financial disclosures, noting that his claims of having no income or assets lack supporting expense details or an explanation of how he sustains himself. The order grants Harrison fourteen days to either submit a completed long-form IFP application or pay the required filing fees, warning that failure to do so will result in dismissal without prejudice. Additionally, the court certifies under 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith.
Topics
Practice areas
Questions Presented
- Whether Harrison qualifies for in forma pauperis status under 28 U.S.C. §1915(e)(2)(A)
Holdings
- The court denied Harrison's in forma pauperis applications because the affidavits failed to provide sufficient information to establish the level of poverty required by the statute.
Key quotations
““The federal in forma pauperis statute represents a significant effort to ensure the ability of impoverished litigants to prosecute meritorious claims or defenses without disadvantage.”” (*2)
““When an applicant fails to explain how he supports himself, courts generally regard his application as incomplete and insufficient to establish an entitlement to in forma pauperis status.”” (*2)
Factual background
Mark Harrison alleged he was unemployed for the past twelve months, had no income, and owned only a motor vehicle, but provided no detailed expense information or support from others. He sought to proceed in forma pauperis in two separate actions against DEA agents.
Procedural history
The plaintiff filed pro se complaints and simultaneous motions to proceed in forma pauperis in two Eastern District of New York cases (Nos. 25‑cv‑1083 and 24‑cv‑8863). The district court denied the IFP applications.
Remand instructions
Harrison may file renewed IFP applications using the enclosed Long Form within fourteen (14) days or pay the $405.00 filing fee in each case; failure to do so will result in dismissal without prejudice.