EASON v. CAMDEN COUNTY CORRECTIONAL FACILITY

Filing 2

MEMORANDUM OPINION. Signed by Chief Judge Jerome B. Simandle on 3/10/2017. (TH, )

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

KEVIN EASON,
Plaintiff,

Civil Action
No. 16-8489 (JBS-KMW)

v.
MEMORANDUM OPINION
CAMDEN COUNTY CORRECTIONAL
FACILITY,
Defendant.

SIMANDLE, Chief District Judge
Plaintiff Kevin Eason, a prisoner currently confined at the
United States Penitentiary, Allenwood, Pennsylvania, seeks to
bring this civil action in forma pauperis (“IFP”), without
prepayment of fees or security. IFP Application, Docket Entry 14.
Plaintiff submitted an account statement that shows that as
of November 10, 2016, Plaintiff had an account balance of
$1,814.27, a National 6 Month Deposits of $2,104.48, a National
6 Months Average Daily Balance of $2,062.07, a 30-day local
maximum balance of $2,073.47, and a 30-day average balance of
$1,934.94. 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.

March 10, 2017
Date

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

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