Opinion
CIVIL ACTION No. 03-3148.
June 12, 2003
MEMORANDUM AND ORDER
Presently before the Court is a Motion to Proceed In Forma Pauperis filed by pro se Plaintiff Edward Randall ("Randall"), an inmate at George W. Hill Correctional Facility. The Complaint submitted by Randall appears to allege violations of his civil rights under 42 U.S.C. § 1983 by Defendants Wackenhut Correction Corporation and George W. Hill Correctional Facility (collectively, the "Defendants"). Randall seeks the Court's permission to proceed in forma pauperis in filing this action against Defendants. For the following reasons, Randall's Motion to Proceed In Forma Pauperis is DENIED WITHOUT PREJUDICE.
Under 28 U.S.C. § 1915(a), a Court may allow the commencement of a civil action without prepayment of the required filing fee. A party seeking such relief must provide the court with an affidavit that "includes a statement of all assets such [person] prisoner possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a)(1). Randall does not provide a complete application as he fails to respond to question 4, requesting his last place of employment, and to both question 5 and section IV, relating to his inmate trust fund account.
Furthermore, Randall's Complaint does not adequately state the nature of his claim. Should Randall choose to resubmit a complete in forma pauperis application, he should be aware that § 1915 allows the Court to dismiss the action, notwithstanding any filing fee or portion thereof that may be paid, if the underlying complaint is indeed frivolous. See 28 U.S.C. § 1915(e)(2)(B)(i). Nevertheless, in order to consider Randall's request to proceed in forma pauperis, the Court must have a complete application before it. Accordingly, we DENY WITHOUT PREJUDICE Randall's Motion to Proceed In Forma Pauperis.