CROSSON v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 5

MEMORANDUM OPINION FILED. Signed by Chief Judge Jerome B. Simandle on 3/30/17. (js)

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

EBONY CROSSON,
Plaintiff,

Civil Action
No. 16-8354 (JBS-KMW)

v.
MEMORANDUM OPINION
CAMDEN COUNTY CORRECTIONAL
FACILITY,
Defendant.

SIMANDLE, Chief District Judge
Plaintiff Ebony Crosson, a prisoner currently confined at
Edna Maran Correctional Facility, seeks to bring this civil
action in forma pauperis (“IFP”), without prepayment of fees or
security. IFP Application, Docket Entry 4.
Plaintiff submitted an account statement that shows that as
of March 10, 2017, Plaintiff had an account balance of $2,695.
IFP Application at 17.
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 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 as the prison
provides her 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.

March 30, 2017
Date

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

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