Opinion
ID. 0002013195
Date Submitted: August 5, 2002
Date Decided: August 30, 2002
Upon Petitioner's Motion to Proceed in Forma Pauperis: DENIED.
ORDER
1. Petitioner Harry D. Johnson Jr. has filed an application to proceed in forma pauperis in his underlying Petition for Transcript of Record.
2. Since June 1996, the procedure for consideration of applications to proceed in forma pauperis has been governed by statute. The statutory scheme sets out a two-part review process. The first step requires this Court to examine the financial information supplied with the application to determine if the application should be granted or denied. Second, if granted, the Court must conduct an initial screening of the underlying action.
Title 10 Del. C. Ch. 88, enacted June 28, 1996.
Gagnon v. Taylor, Del. Super., C.A. No. 98C-05-197-JOH, Herlihy, J. (June 22, 1998).
3. When applying to proceed in forma pauperis, the applicant must supply certain information in an affidavit. Since he is an inmate, he must also supply a "certified summary" of his inmate account. Petitioner has failed to provide this Court with the required affidavit as well as the information regarding his inmate account.
Title 10 Del. C. § 8802(b).
Title 10 Del. C. § 8804(a). "The summary shall contain all account activity for the 6-month period immediately preceding the filing of the complaint, or for the entire time the prisoner has been incarcerated, whichever time is less." Id.
Therefore, Petitioner's Motion to Proceed In Forma Pauperis is DENIED for failure to provide this Court with the statutorily required affidavit and information.
IT IS SO ORDERED.