Summary
The United States District Court for the District of New Jersey denied Maria Isabel Alonso’s application to proceed in forma pauperis, concluding that she could pay the filing fee without being deprived of life’s necessities. The court administratively terminated the matter without filing the complaint and administratively terminated the defendants’ motion to dismiss. The order permitted the plaintiff to pay the filing fee by January 5, 2026, in which event the matter would be reopened.
Holdings
- Plaintiff failed to meet her burden of demonstrating that she was unable to pay the $405 filing fee without being deprived of the necessities of life; therefore, the IFP application was denied.
- When the IFP application was denied, the complaint would not be filed or considered unless Plaintiff paid the filing fee; the matter was therefore administratively terminated rather than dismissed.
- Defendants' Rule 12(b)(6) motion was administratively terminated because the complaint was not filed or considered while Plaintiff had not paid the filing fee.
Questions Presented
- Whether Plaintiff established eligibility to proceed in forma pauperis under 28 U.S.C. § 1915.
- What procedural consequence should follow from denying the IFP application before the complaint was filed.
- Whether Defendants' motion to dismiss should remain pending after administrative termination of the action.
Disposition
other
Cases Cited (9)
- Deutsch v. United States, 67 F.3d 1080, 1084 (3d Cir. 1995)(followed)
- Neitzke v. Williams, 490 U.S. 319, 324, 109 S. Ct. 1827, 104 L. Ed. 2d 338 (1989)(followed)
- Cotto v. Tennis, 369 F. App'x 321, 322 (3d Cir. 2010)(followed)
- Pew v. Extraction Team Members, Civ. No. 16-91, 2016 WL 2958767, at *1 (W.D. Pa. Apr. 25, 2016)(followed)
- Pew v. Extraction Team Members, 2016 WL 2977303 (W.D. Pa. May 20, 2016)(followed)
- Shahin v. Secretary of Delaware, 532 F. App'x 123, 124 (3d Cir. 2013)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- Roberts v. Township of Horsham, Civ. No. 94-1821, 1994 WL 384934, at *1 (E.D. Pa. July 19, 1994)(followed)
- Dasilva v. Sheriff's Department, 413 F. App'x 498, 502 (3d Cir. 2011)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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