Summary
The United States District Court for the District of New Jersey denied Amy B.'s application to proceed in forma pauperis in her action against the Commissioner of Social Security. The court found that Plaintiff had not adequately established indigency because the reported household expenses exceeded household income and several expenses appeared excessive without further explanation. The court directed the Clerk to close the case, while allowing Plaintiff 30 days to reopen it by paying the filing fee or submitting a renewed application.
Holdings
- Plaintiff failed to establish the indigency necessary to proceed in forma pauperis because her application reported household expenses exceeding household income without explaining how those expenses were paid.
- The application did not provide sufficient detail to establish eligibility because several reported expenses appeared excessive or inadequately explained.
Questions Presented
- Whether Plaintiff established indigency sufficient to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
- Whether the court could deny the in forma pauperis application because the reported financial information was incomplete or insufficiently explained.
Disposition
dismissed
Cases Cited (6)
- Douris v. Newtown Borough, Inc., 207 F. App'x 242, 243 (3d Cir. 2006) (per curiam)(applied)
- Hurst v. Shalk, 659 F. App'x 133, 134 (3d Cir. 2016) (per curiam)(applied)
- Davis v. NYS Dep't of Labor, No. 21-690, 2021 WL 9455716, at *2 (W.D.N.Y. June 28, 2021)(applied)
- Dobbins v. Kroger Co., No. 08-1206, 2009 WL 186141, at *2 (N.D. Tex. Jan. 23, 2009)(applied)
- Rohn v. Johnston, 415 F. App'x 353, 355 (3d Cir. 2011)(applied)
- Simwell v. Shapp, 536 F.2d 15, 19 n.14 (3d Cir. 1976)(applied)
Cited In (0)
No citing cases on record yet.