Sullivan v. Pacheco

Summary

The United States District Court for the District of Arizona denied Jack Sullivan’s application to proceed in forma pauperis because it omitted required employment information and raised questions about reported expenses. The Court gave Sullivan 30 days to pay the filing and administrative fees or submit a complete application, warning that failure to do so would result in dismissal without prejudice.

Holdings

1. The application was incomplete because it failed to state the plaintiff's current employer and the employer's address as required by Local Rule of Civil Procedure 3.3(a)(1), and the reported utility expense was unexplained.
2. The plaintiff must, within 30 days of filing of the order, either pay the $350 filing fee and $55 administrative fee or file a complete in forma pauperis application; failure to do so requires dismissal without prejudice and without further notice.

Questions Presented

1. Whether the plaintiff's application to proceed in forma pauperis was complete under 28 U.S.C. § 1915(a) and Arizona Local Rule of Civil Procedure 3.3(a)(1).
2. What procedural consequence should follow from the incomplete in forma pauperis application.

Disposition

other