Opinion
CIVIL ACTION NO. 02-2402
May 15, 2003.
MEMORANDUM
Domingo Figueroa, Jr. ("Petitioner"), a Pennsylvania state prisoner, seeks to bring his appeal in forma pauperis, without prepayment of fees or security therefor.
I. Discussion
Suits brought in forma pauperis are governed by 28 U.S.C. § 1915 (2003). The Prison Litigation Reform Act of 1995, Pub.L. No. 104-134, 110 Stat. 1321 (April 26, 1996) ("Act"), which amends 28 U.S.C. § 1915, establishes certain financial requirements for prisoners attempting to bring a civil action or file an appeal in forma pauperis.
Under the Act, a prisoner filing an appeal in forma pauperis is required to pay the full amount of a filing fee. 28 U.S.C. § 1915(b)(1). The Act requires a prisoner seeking to proceed in forma pauperis to submit an affidavit that includes a statement of all assets such prisoner possesses, and a statement that the prisoner is unable to pay such fees or give security thereof. Id. § 1915(a)(1). In addition to the affidavit, the prisoner must submit a copy of his trust fund account statement or institutional equivalent for the six-month period immediately preceding the filing of the notice of appeal so that the Court may determine how the filing fee will be paid. Id. § 1915(a)(2). The prisoner must obtain this statement from the appropriate official of the prison at which the prisoner is confined. Id.
In addition, Local R.App.P. 24.1 provides, in pertinent part:
(a) In cases in which 28 U.S.C. § 1915(b) applies, prisoners seeking to proceed on appeal in forma pauperis shall file the following documents in the court of appeals:
(1) an affidavit of poverty that includes the amount in the prisoner's prison account;
(2) a certified copy of the prison account statement(s) (or institutional equivalent) for the 6 month period immediately preceding the filing of the notice of appeal; and
(3) a signed form authorizing prison officials to assess and deduct the filing fees in accordance with 28 U.S.C. § 1915(b).
The Court must then:
assess and, when funds exist, collect, as a partial payment of any court fees required by law, an initial partial filing fee of 20 percent of the greater of —
(A) the average monthly deposits to the prisoner's account; or
(B) the average monthly balance in the prisoner's account for the 6-month period immediately preceding the filing of the complaint or notice of appeal.Id. § 1915(b)(1).
. ' ' §
Petitioner submitted an appropriate affidavit but did not submit a certified copy or institutional equivalent of his prison account statement for the six-month period immediately preceding the filing of his notice of appeal. Instead, he submitted a monthly account statement showing his balance on March 6, 2003 to be $126.93, and his balance as of March 28, 2003 to be $3.55.
Because Petitioner failed to submit a certified copy or institutional equivalent of his inmate trust account statement for the six-month period immediately preceding the filing of the notice of appeal, the Court is unable to determine how the filing fee will be paid. The Court, therefore, will deny Petitioner's Motion for Leave to Continue on Appeal In Forma Pauperis.
II. Conclusion
For the reasons set forth above, the Court will deny Petitioner's Motion for Leave to Continue on Appeal in Forma Pauperis. The Court, however, will grant Petitioner leave to amend his Motion to comply with the requirements of 28 U.S.C. § 1915 and Local R.App.P. 24.1.
An appropriate Order follows.
ORDER
AND NOW, this 15th day of May, 2003, upon consideration of Petitioner's Motion to Proceed In Forma Pauperis on Appeal (Doc. No. 28), it is hereby ORDERED that Petitioner's Motion is DENIED without prejudice.
The Court grants Petitioner leave to amend his Motion to comply with the requirements of 28 U.S.C. § 1915 and Local R.App.P. 24.1.