Roy v. Penn Nat'l Ins. Co.

Full title: FRANK ROY, Plaintiff, v. PENN NATIONAL INSURANCE COMPANY, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Sep 12, 2018

Civil Action No. 18-11489 (MAS) (LHG) (D.N.J. Sep. 12, 2018)

Opinion

Civil Action No. 18-11489 (MAS) (LHG)

09-12-2018

FRANK ROY, Plaintiff, v. PENN NATIONAL INSURANCE COMPANY, Defendant.

MICHAEL A. SHIPP UNITED STATES DISTRICT JUDGE

MEMORANDUM ORDER ON APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES

This matter comes before the court on the application of Plaintiff Frank Roy to proceed without prepayment of fees under 28 U.S.C. § 1915. (Application, ECF 1-1.) The Court denies Plaintiff's application for indigence without prejudice because Plaintiff failed to provide essential information necessary for the Court to determine whether he is economically eligible to proceed in forma pauperis. Specifically, the Court finds Plaintiff's response to the following items illegible: (1) question one's inquiry about Plaintiff's "Other" income (id. at 2); (2) question eight's inquiry about "Rent or home-mortgage payment" expenses and "Motor Vehicle" payments (id. at 4) ; and (3) question nine's inquiry about Plaintiff's expectation of major income changes (Id. at 5) . Plaintiff further failed to provide a total monthly income or expense calculation, and failed to provide an asset amount for his automobile. (Id. at 2, 3, 5.) Finally, Plaintiff's response to question eight's inquiry about his rental or mortgage payment differs from his answer in a companion in forma pauperis application. (See id. at 3; see also Roy v. Bumb, 3:18-cv-12736, ECF 1-1.) Accordingly,

IT IS on this 12^th day of September 2018, ORDERED that:

1. Plaintiff's application to proceed in forma pauperis (ECF No. 1-1) is DENIED WITHOUT PREJUDICE.

2. By September 21, 2018, Plaintiff may refile an application to proceed in forma pauperis using the Long Form Application entitled Form AO 239, found at http://www.uscourts.gov/forms/fee-waiver-application-forms/application-proceed-district-court-without-prepaying-fees-or.

3. The clerk is ordered to close the file. Plaintiff may submit payment in the amount of $400 by September 21, 2018, at which time the Court will reopen the matter. If Plaintiff refiles an amended in forma pauperis application, the Court will reopen the matter and review the application pursuant to 28 U.S.C. § 1915.

/s/ _________

MICHAEL A. SHIPP

UNITED STATES DISTRICT JUDGE