Opinion
CRIMINAL ACTION 15-00496
04-08-2022
UNITED STATES OF AMERICA, Plaintiff, v. NAYEEM GORDON, Defendant.
ORDER
WENDY BEETLESTONE, J.
AND NOW, this 8th day of April, 2022, upon consideration of pro se Petitioner Nayeem Gordon's Motion to Proceed In Forma Pauperis (ECF No. 1110), and Motion to Reduce his Sentence (ECF No. 1117), IT IS HEREBY ORDERED:
1. Gordon's Motion to Reduce his Sentence is DENIED.
2. Gordon's Motion for Leave to Proceed in forma pauperis is DENIED.
Gordon is a prisoner incarcerated at Federal Correctional Institution in McKean, Pennsylvania. Pursuant to the federal in forma pauperis statute, 28 U.S.C. § 1915, a prisoner must provide a certified copy of their prison trust account statement reflecting the six-month period prior to the filing of the complaint along with their application. See 28 U.S.C. §§ 1915(a)(2), (b)(1)-(b)(2). Gordon's prison account indicates that he has had, on average, over $2,000 in funds available in his account. Having reviewed Banks's financial circumstances, the Court concludes that he can afford to pay the applicable fees. See Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (noting that while one need not be “absolutely destitute” to be granted in forma pauperis status, he or she must, because of his or her poverty, be unable to pay the fee).