Opinion
Civil Action No. 20-13863 (MAS) (DEA)
03-19-2021
MEMORANDUM ORDER
This matter comes before the Court upon pro se Plaintiff Huguette Nicole Young's ("Plaintiff") application to proceed in forma pauperis and without prepayment of fees pursuant to 28 U.S.C. § 1915 ("IFP Application"). (IFP Appl., ECF No. 1-2.) Plaintiff, however, has failed to complete the long-form IFP application required by the District Court to demonstrate her indigent status and, instead, claims that the personal information requested in the application is not applicable. (Id. at *1-5.) Furthermore, Plaintiff submits her own application in which she challenges § 1915, asserting that "[t]reating all filings the same with a blanket $400 Filing fee violates [her] First Amendment rights[.]" (Id. at *7; see also id. at *7-8 (further arguing that filing fees for good faith constitutional challenges "should be at least half the fee of more trivial lawsuits among citizens over money").) Plaintiff also asserts that "[r]equiring a detailed financial statement from a non-prisoner pro se filer . . . violates privacy rights[.]" (Id. at *10-12.)
Page numbers preceded by an asterisk refer to the page number of the ECF header. --------
In her application, Plaintiff states she is unemployed, receives food stamps, and has had no income since August 11, 2020. (Id. at *7, *9-10.) She fails, however, to provide the Court with the information necessary to permit the action to proceed under § 1915. See 28 U.S.C. § 1915(a)(1) (an individual seeking IFP status must "submit[] an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor" (emphasis added)); Hurst v. Shalk, 659 F. App'x 133, 134 (3d Cir. 2016) ("A person need not be absolutely destitute to proceed in forma pauperis. However, a litigant must establish that [s]he is unable to pay the costs of [her] suit." (internal quotation marks and citations omitted)). The Court, therefore, finds good cause to deny Plaintiff's IFP Application. Accordingly,
IT IS on this 19th day of March 2021, ORDERED that:
1. Plaintiff's IFP Application (ECF No. 1-2) is DENIED.
2. The Clerk shall close this matter.
3. By April 19, 2021, Plaintiff may submit a new IFP application in the form attached to this Order. Alternatively, by April 19, 2021, Plaintiff may submit the $400 filing fee and the Clerk will reopen the case.
/s/ _________
MICHAEL A. SHIPP
UNITED STATES DISTRICT JUDGE