Tyshawn Riddick v. Superintendent, Auburn Correctional Facility

Summary

The United States District Court for the Eastern District of New York denies Tyshawn Riddick’s motion to proceed in forma pauperis without prejudice because the application did not provide sufficient information about his financial circumstances and was not submitted on the court’s required form. The court grants leave to renew by February 9, 2026, or alternatively to pay the $5.00 filing fee, and holds the proposed order to show cause in abeyance pending resolution of the filing fee.

Holdings

1. An IFP application may be denied when it does not provide sufficient information for the court to reasonably determine that the applicant cannot afford the filing fee. Riddick's application was insufficient because it was not on the court's form and did not disclose the balance of his prison trust fund account.
2. When an IFP application is incomplete, the court may deny it without prejudice and allow the applicant to renew using a complete application, or alternatively pay the filing fee.

Questions Presented

1. Whether Riddick's application to proceed in forma pauperis sufficiently established that he could not pay the $5 filing fee.
2. What procedural relief was appropriate when the IFP application was incomplete.

Disposition

other