Servs., Inc. v. Xaypanya

Full title: SERVICES, INC., Plaintiff, v. PHAMY XAYPANYA, Defendant.

Court: UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

Date published: Sep 13, 2018

Civil Action No. 18-12348 (MAS) (LHG) (D.N.J. Sep. 13, 2018)

Opinion

Civil Action No. 18-12348 (MAS) (LHG)

09-13-2018

SERVICES, INC., Plaintiff, v. PHAMY XAYPANYA, 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 Defendant Phamy Xaypanya to proceed without prepayment of fees under 28 U.S.C. § 1915. (Application, ECF 1-1.) Because Defendant failed to use the proper in forma pauperis application, the Court is unable to determine whether Defendant is economically eligible to proceed in forma pauperis. Accordingly,

IT IS on this 13^th day of September 2018, ORDERED that:

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

2. By September 21, 2018, Defendant 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/fce-waiver-application-forms/application-proceed-district-court-without-prepaying-fees-or.

3. The clerk is ordered to close the file.¹ Defendant may submit payment in the amount of $400 by September 21, 2018, at which time the Court will reopen the matter. If

Defendant refiles an amended in forma pauperis application, the Court will reopen the matter and review the application pursuant to 28 U.S.C. § 1915.

1 Defendant filed two motions in this matter. (ECF Nos. 7, 9.) Those motions are terminated without prejudice pending receipt of the filing fee or the Court's review of Defendant's renewed in forma pauperis application. --------

/s/ _________

MICHAEL A. SHIPP

UNITED STATES DISTRICT JUDGE