MANNS v. SIMMS et al

Filing 2

MEMORANDUM, OPINION. Signed by Chief Judge Jerome B. Simandle on 8/9/16. (jbk, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW JERSEY

KENNETH MANNS,
Plaintiff,

Civil Action
No. 16-4729 (JBS-KMW)

v.
MEMORANDUM OPINION
T. SIMMS, et al.,
Defendants.

SIMANDLE, Chief District Judge
Plaintiff Kenneth Manns, a prisoner currently confined at
FCI Fort Dix, New Jersey, seeks to bring this civil action in
forma pauperis (“IFP”), without prepayment of fees or security.
IFP Application, Docket Entry 1-4.
Plaintiff submitted an account statement that has not been
certified by an appropriate prison official as required by 28
U.S.C. § 1915(a)(2). Plaintiff also did not indicate how much he
receives from his prison employment and outside sources. IFP
Application at 2. In addition to those defects, the account
statement shows that as of July 26, 2016, Plaintiff had an
account balance of $689.57, National 6 Month Deposits of
$2,562.29, a National 6 Months Average Daily Balance of $802.29,
a 30-day local maximum balance of $1,030.11, and a 30-day
average balance of $886.41. IFP Application at 5.

IFP status is a privilege, not a right. Shahin v. Sec. of
Del., 532 F. App’x 123 (3d Cir. 2013) (per curiam) (citing White
v. Colo., 157 F.3d 1226, 1233 (10th Cir. 1998)). “In determining
whether a litigant is eligible for IFP status, the Court should
consider the financial position of the party.” Id. (affirming
denial of IFP in spite of monthly income of only $95 from selfemployment as plaintiff would not be deprived of “necessities of
life”).
Here, Plaintiff’s income as reflected by the account
statement indicates he is able to afford the $350 filing fee and
$50 administrative fee. Requiring him to pay the filing fee
would not deprive him of the necessities of life as the prison
provides his food, clothing, and shelter. Like the plaintiff in
Shahin, Plaintiff may have to save in order to pay the filing
fee, but such requirement “would not deprive [him] of the
‘necessities of life.’” 532 F. App’x at 124. The Court will
therefore deny the application to proceed in forma pauperis.
An appropriate order follows.

August 9, 2016
Date

s/ Jerome B. Simandle
JEROME B. SIMANDLE
Chief U.S. District Judge

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