Androshchuk v. Corralejo

Summary

The court reviews a state inmate's application to proceed in forma pauperis in a 42 U.S.C. § 1983 action. Because the plaintiff's trust account showed an available balance of $1,351, the court ordered him to explain within twenty-one days why he could not pay the $405 filing fee while affording life's necessities, warning that failure to respond would result in a recommendation that the application be denied.

Holdings

1. The court did not immediately deny the application; instead, it gave plaintiff twenty-one days to explain why he could not pay the filing fee while still affording life's necessities.

Questions Presented

1. Whether plaintiff should immediately be denied in forma pauperis status based on the balance shown in his inmate trust-fund account.
2. Whether plaintiff should receive an opportunity to demonstrate that paying the filing fee would leave him unable to afford the necessities of life.

Disposition

other