Michael West v. Carol Gillan, et al.

Summary

The United States District Court for the District of New Jersey denied without prejudice Michael West’s third application to proceed in forma pauperis because it contained numerous unanswered questions and insufficient information for the Court to assess his ability to pay. The Court gave Plaintiff 30 days to pay the civil filing and administrative fees or submit a properly completed Form AO 239, and directed the Clerk to mail him the form and a copy of the order.

Holdings

1. An IFP application containing numerous unanswered questions does not provide the court with sufficient information to determine whether the applicant is unable to pay the required fees; the application may therefore be denied without prejudice.
2. The denial of the incomplete IFP application is without prejudice, and plaintiff may reopen the action within 30 days by paying the required fees or submitting a properly completed Form AO 239 application.

Questions Presented

1. Whether plaintiff's incomplete IFP application satisfied the requirements for proceeding without prepayment of fees under 28 U.S.C. § 1915(a).
2. Whether the court should deny the IFP application without prejudice and allow plaintiff to reopen the action by paying the required fees or submitting a complete application.

Disposition

other