FORMAN v. YOUNGMAN

Filing 26

OPINION filed. Signed by Judge Anne E. Thompson on 8/5/2014. (eaj)

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
Aaron D. FORMAN,
Appellant,
Civ. No. 13-5877
v.
OPINION
Catherine E. YOUNGMAN and AMBOY
BANK,
Appellees.

THOMPSON, U.S.D.J.
INTRODUCTION
This matter is before the Court on the application of Aaron D. Forman (“Appellant”) to
proceed in forma pauperis on his appeal to the Third Circuit. (Docket No. 22). The Court will
grant Plaintiff’s application to proceed in forma pauperis, but will dismiss Plaintiff’s Appeal as
frivolous.
DISCUSSION
1. Application to proceed in forma pauperis
To avoid paying court fees, a plaintiff may submit an application to proceed in forma
pauperis pursuant to 28 U.S.C. § 1915. “In making such application, a plaintiff must state the
facts concerning his or her poverty with some degree of particularity, definiteness or certainty.”
Simon v. Mercer Cnty. Comm. College, No. 10–5505, 2011 WL 551196, at *1 (D.N.J. Feb.9,
2011). A litigant need not be “absolutely destitute” to qualify. Mack v. Curran, 457 F. App'x
141, 144 (3d Cir.2012).

It appears from his application that Plaintiff is unemployed and has no assets besides
$29.00 in a savings account. Upon review, the Court believes that Plaintiff has shown sufficient
economic disadvantage to persuade the Court to permit him to proceed in forma pauperis.
2. Dismissal under 28 U.S.C. § 1915(e)
Having granted Plaintiff's application to proceed in forma pauperis, the Court must
screen the Appeal to determine whether dismissal is warranted pursuant to 28 U.S.C. § 1915.
Under § 1915(e), the Court shall sua sponte dismiss any appeals that are (1) “frivolous or
malicious; (2) fail[ ] to state a claim upon which relief may be granted; or (3) seek[ ] monetary
relief from a defendant immune from such relief.” 28 U.S.C. § 1915(e)(2) (B). Under § 1915
(3), “[a]n appeal may not be taken in forma pauperis if the trial court certifies in writing that it is
not taken in good faith.”
Here, the Court finds that the appeal is frivolous and not in good faith. See Neitzke v.
Williams, 490 U.S. 319, 325 (1989) (An action is frivolous if it “lacks an arguable basis either in
law or in fact.”). In addition, Appellant offers no legal justification for his appeal. Accordingly,
Appellant’s appeal will be dismissed.
CONCLUSION
For the reasons set forth above, Appellant’s appeal will be dismissed.

/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.

Date: 8/5/14