CORDERO v. RICKNAUER et al

Filing 49

MEMORANDUM and ORDER denying without prejudice 40 & 44 MOTIONS for Leave to Proceed in forma pauperis filed by ADOLFO CORDERO. Signed by Judge Robert B. Kugler on 4/22/2015. (tf, n.m.)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
___________________________________
ADOLFO CORDERO,
:
:
Civ. No. 13-2023 (RBK) (AMD)
Plaintiff,
:
:
MEMORANDUM AND ORDER
v.
:
:
FNU RICKNAUER, et al.,
:
:
Defendants.
:
___________________________________ :
Plaintiff is bringing this pro se civil rights action. Plaintiff previously paid the filing fee
in this case. Plaintiff has now filed two motions for leave to proceed in forma pauperis. (See
Dkt. Nos. 40 & 44.)
A prisoner bringing a civil action in forma pauperis must submit an affidavit, including a
statement of all assets, which states that the prisoner is unable to pay the applicable filing fee.
See 28 U.S.C. § 1915(a)(1). The prisoner must also submit a certified copy of his inmate trust
fund account statement for the six-month period immediately preceding the filing of his
complaint. See id. § 1915(a)(2). The prisoner must obtain this statement from the appropriate
official of each prison at which he was or is confined. See id.; see also L.Civ.R. 81.2(b)
(“Whenever a Federal, State, or local prisoner submits a civil rights complaint . . . the prisoner
shall also submit an affidavit setting forth information which establishes that the prisoner is
unable to pay the fees and costs of the proceedings and shall further submit a certification signed
by an authorized officer of the institution certifying (1) the amount presently on deposit in the
prisoner’s prison account and, (2) the greatest amount on deposit in the prisoner’s prison account
during the six-month period prior to the date of the certification.”).
Plaintiff’s applications to proceed in forma pauperis will be denied without prejudice.
While plaintiff has submitted his prisoner account statement, he has not submitted the necessary
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affidavit that should accompany his certified prisoner account statement. See 28 U.S.C. §
1915(a)(2); see also see also L.Civ.R. 81.2(b). Furthermore, while it appears that plaintiff has
now been released from federal incarceration subsequent to the filing of his motions to proceed
in forma pauperis, he would still need to file an affidavit showing that he is indigent even as a
non-prisoner. See 28 U.S.C. § 1915(a)(1); see also Roy v. Penn Nat’l Ins. Co., No. 14-4277,
2014 WL 4104979, at *1 n.1 (D.N.J. Aug. 19, 2014) (collecting cases that state that while
Section 1915 refers to prisoners, federal courts apply Section 1915 to non-prisoner in forma
pauperis applications as well) (citations omitted).
Accordingly, IT IS this 22nd day of April, 2015,
ORDERED that plaintiff’s motions for leave to proceed in forma pauperis (Dkt. Nos. 40
& 44.) are denied without prejudice.

s/Robert B. Kugler
ROBERT B. KUGLER
United States District Judge

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