Summary
The United States District Court for the District of Connecticut denies inmate Jay Quigley's motion to proceed in forma pauperis under 28 U.S.C. § 1915. The court finds that his trust account balance and deposits were sufficient to pay the $402 filing fee without forcing him to forgo life's necessities. Proceedings are held in abeyance for 30 days, with dismissal to follow if the filing fee is not paid by January 9, 2026.
Holdings
- Plaintiff was not entitled to proceed in forma pauperis because his trust-account balance and six-month deposit history showed that he could pay the $402 filing fee without being forced to choose between paying the fee and obtaining the necessities of life.
Questions Presented
- Whether plaintiff demonstrated that requiring him to pay the $402 filing fee would prevent him from obtaining the necessities of life or force him to abandon the action.
- Whether plaintiff should be permitted to proceed in forma pauperis under 28 U.S.C. § 1915.
Disposition
other
Cases Cited (14)
- Rahimi v. Sec’y of Navy, No. 3:19-CV-01852 (JAM), 2019 WL 6529458, at *2 (D. Conn. Dec. 4, 2019)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948)(followed)
- Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983) (per curiam)(followed)
- Nicholas v. Tucker, 114 F.3d 17, 20 (2d Cir. 1997)(followed)
- Allen v. Cuomo, 100 F.3d 253, 261 (2d Cir. 1996)(followed)
- Zipkin v. Heckler, 790 F.2d 16, 18 (2d Cir. 1986)(followed)
- Scott P. v. Kijakazi, No. 3:22-CV-01228, 2022 WL 16640788, at *1 (D. Conn. Oct. 6, 2022)(followed)
- Fridman v. City of New York, 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002)(followed)
- Williams v. Spencer, 455 F. Supp. 205, 208–09 (D. Md. 1978)(followed)
- Dan M. v. Kijakazi, No. 3:22-CV-00664, 2022 WL 2069112, at *12 (D. Conn. May 19, 2022)(followed)
Showing top 10 of 14.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…