RIOS v. CAMDEN COUNTY JAIL

Filing 5

MEMORANDUM OPINION. Signed by Judge Jerome B. Simandle on 9/27/17. (jbk, )

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

EVA RIOS,
Plaintiff,

Civil Action
No. 16-8304 (JBS-AMD)

v.
MEMORANDUM OPINION
CAMDEN COUNTY JAIL,
Defendant.
SIMANDLE, District Judge
Plaintiff Eva Rios, an individual currently residing in a
halfway house, seeks to bring this civil action in forma
pauperis (“IFP”), without prepayment of fees or security. IFP
Application, Docket Entry 4.
According to the application submitted by Plaintiff,
Plaintiff earns $1,341 per month. Id. She also indicates that
she has a savings account with a balance of $1,500. Further,
plaintiff’s account statement shows that as of May 31, 2017,
Plaintiff had a resident savings account balance of $2,517.28.
IFP Application at 6.
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 self-

employment as plaintiff would not be deprived of “necessities of
life”).
Here, Plaintiff’s income as reflected by the account
statement, as well as by her savings account and monthly salary,
indicates she is able to afford the $350 filing fee and $50
administrative fee. Requiring her to pay the filing fee would
not deprive her of the necessities of life. The Court will
therefore deny the application to proceed in forma pauperis.
An appropriate order follows.

September 27, 2017
Date

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

2