Stoby v. Chopper 79 Logistics

Full title: MARVIN STOBY, Plaintiff, v. CHOPPER 79 LOGISTICS; et. al., Defendants

Court: United States District Court, D. New Jersey

Date published: Dec 7, 2010

Civil No. 10-5552 (GEB) (D.N.J. Dec. 7, 2010)

Opinion

Civil No. 10-5552 (GEB).

December 7, 2010

OPINION AND ORDER

GARRETT BROWN JR., District Judge

Plaintiff Marvin Stoby ("Plaintiff"), having submitted a complaint in the above captioned matter, and it appearing that:

1. The Clerk will not file the complaint and the amended complaint unless the person seeking relief pays the entire applicable filing fee in advance or the person applies for and is granted in forma pauperis status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).

2. The filing fee for commencing a civil action in this court is $350.00. See 28 U.S.C. § 1914(a).

2. Plaintiff did not prepay $350.00; rather, he submitted his application to proceed in this matter in forma pauperis, pursuant to 28 U.S.C. § 1915 ("Application").

3. In making such an application, a plaintiff must state the facts concerning his or her poverty with some degree of particularity, definiteness or certainty. United States ex rel. Roberts v. Pennsylvania, 312 F. Supp. 1, 2 (E.D. Pa. 1969) (finding affiant's application legally insufficient where the application failed to state the facts of affiant's poverty with any degree of particularity, definiteness or certainty) (citing United States v. Coor, 213 F. Supp. 955, 956 (D.D.C. 1963), rev'd on other grounds, 325 F.2d 1014 (D.C. Cir. 1963); Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)).

4. In his Application, Plaintiff stated that he is currently unemployed; that he receives $1,200.00 per month in unemployment benefits; that his monthly expenses include a rent or mortgage payment of $1200.00, utilities of $200.00, and food of $320.00. (Doc. No. 1-2.) He also asserts that he has not paid and does not plan to pay any attorney to assist him with respect to this matter.

IT IS THEREFORE on this 7^th day of December, hereby

ORDERED that Plaintiffs application to proceed in forma pauperis is GRANTED; and it is further

ORDERED that the Clerk shall file the Complaint; and it is further

ORDERED that the Clerk shall serve this Order upon Plaintiff by regular mail; and it is further

ORDERED that the Clerk issue summons and the United States Marshal serve a copy of the complaint, summons and this order upon the Defendants as directed by the plaintiff. All costs of service shall be advanced by the United States.