Arzuaga v. Faucher et al

Filing 20

PRISCS-RULING AND ORDER granting 14 Motion to Amend/Correct; denying 19 AMENDED Motion for Leave to Proceed in forma pauperis ; vacating 3 ELECTRONIC ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Signed by Judge Dominic J. Squatrito on 6/19/2013. (Payton, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
JOSE ARZUAGA
V.

PRISONER
CASE NO. 3:12CV668(DJS)

STEVEN FAUCHER, ET AL.
RULING AND ORDER
The plaintiff is an inmate at the Northern Correctional
Institution in Somers, Connecticut.

He moves the Court for leave

to file an amended application to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915 in this civil rights action.
The plaintiff filed an application to proceed in forma
pauperis when he commenced this action on May 3, 2012.
granted the application on May 10, 2012.

The court

The plaintiff now seeks

to file an amended application because he neglected to include
information pertaining to Supplemental Security Income benefits
that the Social Security Administration had awarded him In January
2010.

The motion for leave to file an amended application is

granted.

The court now considers the amended application.

"It is well settled that the decision to proceed in forma
pauperis in civil cases is committed to the sound discretion of the
district court." Jones v. Lara, No. 3:11CV706 (AWT), 2011 U.S.
Dist. LEXIS 75323, at *1-2 (D. Conn. July 12, 2011); see also Monti
v. McKeon, 600 F. Supp. 112, 113 (D. Conn. 1984).

In exercising

this discretion under § 1915(a), the Court must determine whether
the burden of paying the fees for filing and service would either

hamper the plaintiff’s ability to obtain the necessities of life or
force him to abandon the action.

See Adkins v. E.I. Dupont de

Nemours & Co., 335 U.S. 331, 339-40 (1948); Potnick v. Eastern
State Hospital, 701 F.2d 243, 244 (2d Cir. 1983).
The plaintiff states that approximately $6,000.00 in
Supplemental Security Income is available to him.

The court takes

judicial notice of a motion to dismiss filed in another case
pending in this district, Arzuaga v. Cieboter, et al., Case No.
3:12cv743(DJS).

Attached to the motion to dismiss is deposition

testimony by the plaintiff acknowledging that he had designated his
mother and father as payees with regard to the over $6,000.00
Supplemental Security Income award, but that neither he nor his
parents had accepted or received the award.
Dismiss, Doc. No. 39, Ex. 2.)

(See id. at Mot.

He indicated that he had chosen not

accept the award while he was in prison because the State of
Connecticut might try to take all or a portion of the award to pay
for his costs of incarceration.

(See id.)

As a prisoner, the plaintiff bears no costs for room or board
and he has acknowledged that no one is dependent on him for
support.

From this information, this Court can discern no reason

why requiring this plaintiff to pay the $350.00 filing fee to
commence this action would force him to forego the necessities of
life or abandon this action.

See Potnick, 701 F.2d at 244.

The

plaintiff has not demonstrated a substantial showing of indigence
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which is required before in forma pauperis status may be granted
under § 1915.
In light of the financial information submitted by the
plaintiff, it would be inappropriate to permit the action to
proceed in this Court, without payment of fees, under 28 U.S.C.
§ 1915.

Accordingly, the Motion for Leave to File an Amended

Application to Proceed In Forma Pauperis [Doc. No. 14] is GRANTED.
After docketing this ruling, the Clerk is directed to docket as
Doc. # 19 the Amended Application to Proceed In Forma Pauperis that
is attached to the motion for leave.

The Amended Application to

Proceed In Forma Pauperis [Doc. No. 19] is DENIED.

In view of this

order, the court VACATES the prior Order [Doc. No. 3] granting the
plaintiff leave to proceed in forma pauperis.
All further proceedings in the matter shall be held in
abeyance for 30 days pending the plaintiff’s delivery of the filing
fee in the amount of $350.00 (cash, money order or bank check made
payable to the Clerk of Court) to the Clerk’s Office, 915 Lafayette
Blvd., Bridgeport, Connecticut, 06604.

Failure to tender the

filing fee within 30 days of this Order will result in the
dismissal of this action.
SO ORDERED this 19th day of June, 2013, at Hartford,
Connecticut.
/s/ DJS
DOMINIC J. SQUATRITO
UNITED STATES DISTRICT JUDGE
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