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Smith v. Manasquan Bank, 18-0048. (2018)

Court: District Court, D. New Jersey Number: infdco20180328e20 Visitors: 22
Filed: Mar. 27, 2018
Latest Update: Mar. 27, 2018
Summary: NOT FOR PUBLICATION MEMORANDUM ORDER ANNE E. THOMPSON , District Judge . INTRODUCTION This matter is before the Court on the application of Lynn Z. Smith ("Appellant") to proceed in forma pauperis on her appeal to this Court. (ECF No. 1-2.) The Court denies Plaintiffs application to proceed in forma pauperis. DISCUSSION To avoid paying court fees, a plaintiff may submit an application to proceed in forma pauperis pursuant to 28 U.S.C. 1915. "In making such application, a plain
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NOT FOR PUBLICATION

MEMORANDUM ORDER

INTRODUCTION

This matter is before the Court on the application of Lynn Z. Smith ("Appellant") to proceed in forma pauperis on her appeal to this Court. (ECF No. 1-2.) The Court denies Plaintiffs application to proceed in forma pauperis.

DISCUSSION

To avoid paying court fees, a plaintiff may submit an application to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. "In making such application, a plaintiff must state the facts concerning his or her poverty with some degree of particularity, definiteness or certainty." Simon v. Mercer Cty. Comm. College, 2011 WL 551196, at *1 (D.N.J. Feb. 9,2011). A litigant need not be "absolutely destitute" to qualify. Mack v. Curran, 457 F. App'x 141, 144 (3d Cir. 2012).

Appellant submitted to this Court an Application to Proceed without Prepaying Fees or Costs that she submitted to the Bankruptcy Court before the filing of this appeal. (See ECF No. 1-2.) In this form, Appellant asserts that her employment income is $5,200 per month, but she then attests that her gross monthly pay from her employer The College of New Jersey is $7,129 per month. She also claims that she has a negative balance of $1,511 in her checking account. She has monthly expenses of $4,225 per month, and approximately $8,000 in assets other than the $1,750,000 home in which she currently resides. Appellant claims that she intends to spend $500 in attorney's fees and expenses in conjunction with this appeal, but to date all of her filings are pro se.1 Based on the facts, the Court believes that Appellant has not shown sufficient economic disadvantage to permit her to proceed in forma pauperis.

CONCLUSION

ORDERED that Appellant's application to proceed in forma pauperis is DENIED; and it is further

ORDERED that Appellant shall pay the fees required to proceed with this appeal.

FootNotes


1. Appellant includes in her application that the actions of the presiding bankruptcy judge "ha[ve] just raised the cost of retaining an attorney from $500 to some amount ranging between $2,500-5,000 up front" (ECF No. 1-1), but provides no support or explanation for this assertion.
Source:  Leagle

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