RYAN v. UNITED STATES SOLICITER GENERAL, No. 2:2022cv04497 - Document 6 (D.N.J. 2022)
Court Description: OPINION. Signed by Judge Susan D. Wigenton on 12/15/2022. (ld)(n/m)
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RYAN v. UNITED STATES SOLICITER GENERAL Doc. 6 Case 2:22-cv-04497-SDW-JSA Document 6 Filed 12/15/22 Page 1 of 2 PageID: 172 NOT FOR PUBLICATION UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY ROBERT JAMES RYAN, Civil Action No. 22-4497 (SDW) (JSA) Plaintiff, WHEREAS OPINION v. UNITED STATES SOLICITER GENERAL, December 15, 2022 Defendant. THIS MATTER having come before this Court upon pro se Plaintiff Robert James Ryan’s (“Plaintiff”) letter request for leave to proceed in forma pauperis (“IFP”) (D.E. 5); and WHEREAS on August 17, 2022, this Court dismissed Plaintiff’s complaint without prejudice for failure to state a claim and denied Plaintiff’s accompanying request for IFP status. (D.E. 1, 1-1, 3, 4.) By order issued on that date, this Court gave Plaintiff 30 days to file an amended complaint. Plaintiff did not file an amended complaint within the time allowed; and WHEREAS an application to proceed IFP must be accompanied by an affidavit that (1) includes a “statement of all the [applicant’s] assets” and (2) states “the nature of the action” and the applicant’s “belief that [he] is entitled to redress.” 28 U.S.C. § 1915(a)(1); and WHEREAS, although Plaintiff has previously filed a proper IFP application using the appropriate form (D.E. 1-1), the present renewed request for IFP status does not use that form or contain the required statement of Plaintiff’s assets. (D.E. 5.) See 28 U.S.C. § 1915(a)(1). It is accompanied by bills, bank statements, and other financial documents, but no affidavit stating all of Plaintiff’s income, expenses, and assets. (D.E. 5.) Moreover, Plaintiff’s initial complaint has Dockets.Justia.com Case 2:22-cv-04497-SDW-JSA Document 6 Filed 12/15/22 Page 2 of 2 PageID: 173 already been dismissed and this renewed request was not filed in connection with a complaint or any affidavit stating the nature of the action and Plaintiff’s reasons for belief that he is entitled to redress. See 28 U.S.C. § 1915(a)(1); therefore, Plaintiff’s renewed request for IFP (D.E. 5) is DENIED and, Plaintiff having failed to file an amended complaint within the time allowed (see D.E. 3), this action is DISMISSED WITH PREJUDICE. An appropriate order follows. /s/ Susan D. Wigenton SUSAN D. WIGENTON, U.S.D.J. Orig: Clerk cc: Jessica S. Allen, U.S.M.J. Parties 2
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