EASON v. CAMDEN COUNTY CORRECTIONAL FACILITY, No. 1:2016cv08489 - Document 2 (D.N.J. 2017)
Court Description: MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 3/10/2017. (TH, )
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EASON v. CAMDEN COUNTY CORRECTIONAL FACILITY Doc. 2 IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY KEVIN EASON, Plaintiff, Civil Action No. 16-8489 (JBS-KMW) v. MEMORANDUM OPINION CAMDEN COUNTY CORRECTIONAL FACILITY, Defendant. SIMANDLE, Chief District Judge Plaintiff Kevin Eason, a prisoner currently confined at the United States Penitentiary, Allenwood, Pennsylvania, seeks to bring this civil action in forma pauperis (“IFP”), without prepayment of fees or security. IFP Application, Docket Entry 14. Plaintiff submitted an account statement that shows that as of November 10, 2016, Plaintiff had an account balance of $1,814.27, a National 6 Month Deposits of $2,104.48, a National 6 Months Average Daily Balance of $2,062.07, a 30-day local maximum balance of $2,073.47, and a 30-day average balance of $1,934.94. IFP Application at 5. IFP status is a privilege, not a right. Shahin v. Sec. of Del., 532 F. App’x 123 (3d Cir. 2013) (per curiam) (citing White v. Colo., 157 F.3d 1226, 1233 (10th Cir. 1998)). “In determining whether a litigant is eligible for IFP status, the Court should Dockets.Justia.com consider the financial position of the party.” Id. (affirming denial of IFP in spite of monthly income of only $95 from selfemployment as plaintiff would not be deprived of “necessities of life”). Here, Plaintiff’s income as reflected by the account statement indicates he is able to afford the $350 filing fee and $50 administrative fee. Requiring him to pay the filing fee would not deprive him of the necessities of life as the prison provides his food, clothing, and shelter. Like the plaintiff in Shahin, Plaintiff may have to save in order to pay the filing fee, but such requirement “would not deprive [him] of the ‘necessities of life.’” 532 F. App’x at 124. The Court will therefore deny the application to proceed in forma pauperis. An appropriate order follows. March 10, 2017 Date s/ Jerome B. Simandle JEROME B. SIMANDLE Chief U.S. District Judge 2
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