Messiah v. Pafumi et al

Filing 21

PRISCS-RULING AND ORDER 1 Denying- MOTION for Leave to Proceed in forma pauperis filed by Yahshua Messiah, 10 Revoking- Order on Motion for Leave to Proceed in forma pauperis, Failure to pay filing fee on or before October 31, 2013 will result in dismissal of this action( Dismissal due by 10/31/2013) Signed by Judge Dominic J. Squatrito on 10/7/2013.(Payton, R.)

UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
YAHSHUA MESSIAH
A/K/A ROBIN ZAKIA ELLIOTT,
Plaintiff,
PRISONER
CASE NO. 3:12-cv-1582(DJS)

v.
MICHAEL PAFUMI, et al.,
Defendants.

RULING AND ORDER

Plaintiff, Yahshua Messiah a/k/a Robin Zakia Elliott, is
currently incarcerated at the Southern New Mexico Correctional
Facility in Las Cruces, New Mexico.

He has filed a civil rights

action against numerous employees of the Connecticut Department
of Correction.
Plaintiff discloses in his application to proceed in forma
pauperis that he received $5,500.00 within the last twelve months

prior to filing this action.

(See Doc. No.1 . )

In addition, his

prison account statement reflects deposits in various amounts,
including a deposit of $350.00 in June 2012 and a deposit of
$240.00 in September 2012.

(See Doc. No.9)

for a total of

$6,090.00 which were subject to his control.
In light of this information, the court finds that Plaintiff
has failed to establish that requiring him to pay the $350.00
filing fee to commence this action would force him to forego the

1

necessities of life or abandon this action.
Eastern State Hospital,

701 F.2d 243, 244

See Potnick v.

(2d Cir. 1983)

Thus, he does not qualify to proceed in forma pauperis.

His in

forma pauperis application was granted in error.
On August 30, 2013, the court ordered the plaintiff to file
an affidavit or declaration signed under oath and under penalty
of perjury, stating facts establishing that he lacked sufficient
funds to pay the fee required to file this action.

The affidavit

or declaration was to detail Plaintiff's receipt and disposition
of the funds referenced above and include Plaintiff's inmate
account statements beginning six (6) months prior to the date
this action was commenced to and including the month in which the
declaration is signed.

The court warned the plaintiff that

failure to file the affidavit or declaration within thirty days
of the date of the order would result in revocation of the order
granting the plaintiff's application to proceed in forma
pauperis.

The plaintiff has failed to file an affidavit or

declaration or otherwise contact the court.
Conclusion

Accordingly,

the Order [Doc. No. 10] granting the

application to proceed in forma pauperis is REVOKED.

As

indicated above, 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
2

U.S.C. § 1915.

The Court notes that the complaint will be deemed

filed as of November 8, 2012, the date it was received in the
Clerk's Office, so long as the filing fee is submitted within the
time allotted by this order.
Accordingly, the Motion for Leave to Proceed In Forma

Pauperis [Doc. No.1] is DENIED.

All further proceedings in the

matter shall be held in abeyance 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 pay the filing fee on or before October 31, 2013, will
result in the dismissal of this action.

SO ORDERED at Hartford, Connecticut this

7th

day of October,

2013.

/s/ DJS
DOMINIC-------------------------J. SQUATRITO
UNITED STATES DISTRICT JUDGE

3