Vincent Mota v. FBI, et al.

Summary

The United States District Court for the District of New Jersey denied Vincent Mota’s application to proceed in forma pauperis without prejudice because it contained numerous unanswered questions and insufficient financial information. The court administratively terminated the action and allowed Plaintiff 30 days to either pay the required fees or submit a properly completed IFP application.

Holdings

1. An in forma pauperis application containing numerous blank responses that prevent the court from determining the applicant's ability to pay fees and costs must be denied without prejudice.
2. When a plaintiff neither satisfies the filing-fee requirement nor submits a properly completed IFP application, the court may administratively terminate the action without prejudice and provide an opportunity to reopen it upon payment of the fees or submission of a compliant application.

Questions Presented

1. Whether the plaintiff's incomplete in forma pauperis application should be granted.
2. What procedural action should be taken when a plaintiff neither pays the filing and administrative fees nor submits a sufficiently complete in forma pauperis application.

Disposition

other