RAD v. UNITED STATES ATTORNEY'S OFFICE et al
Filing
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OPINION filed. Signed by Judge Anne E. Thompson on 5/6/2015. (mmh)
NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
CHRISTOPHER RAD,
Civ. No. 15-2415
Plaintiff,
OPINION
v.
UNITED STATES ATTORNEY’S
OFFICE
Defendant.
THOMPSON, U.S.D.J.
This matter has come before the Court on the application of pro se Plaintiff
Christopher Rad (“Plaintiff”) to proceed in forma pauperis (“IFP”). (Doc. Nos. 1, 4).
The Court has reviewed the IFP application and the Complaint. (Id.). The Court will
grant Plaintiffs’ application to proceed IFP.
BACKGROUND
On April 6, 2015, Plaintiff filed his Complaint, which seeks to compel the United
States Attorney’s Office to disclose certain records that Plaintiff has requested under the
Freedom of Information Act (“FOIA”). Plaintiff claims that he has already submitted
FOIA requests for these records and has received no response, and so he is seeking them
through a complaint pursuant to 5 U.S.C. § 552(a)(4)(B). Section 552(a)(4)(B) states, in
pertinent part, “On complaint, the district court of the United States in the district . . . in
which the agency records are situated . . . has jurisdiction to enjoin the agency from
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withholding agency records and to order the production of any agency records improperly
withheld from the complainant.”
On April 15, 2015 the Court ordered that Plaintiff’s Complaint be
administratively terminated because Plaintiff failed to submit a complete IFP application
as required by 28 U.S.C. §§ 1915(a)(1), (2). (Doc. No. 2). On April 28, 2015 Plaintiff
submitted a completed IFP application and requested that his case be reopened. (Doc.
No. 4).
DISCUSSION
In considering applications to proceed IFP, the court generally engages in a twostep analysis. See Roman v. Jeffes, 904 F.2d 192, 194 n.1 (3d Cir. 1990). First, the court
determines whether the plaintiff is eligible to proceed under 28 U.S.C. § 1915(a). Id.
Second, the court determines whether the Complaint should be dismissed as frivolous or
for failure to state a claim upon which relief may be granted, as required by 28 U.S.C. §
1915(e). See id.
1. Application to proceed in forma pauperis
The filing fee for a civil case in the United States District of New Jersey is $350.00,
with an additional $50.00 administrative fee. To avoid paying these fees, a plaintiff may
submit an application to proceed IFP 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) (citations omitted). A litigant
need not be “absolutely destitute” to qualify. Mack v. Curran, 457 F. App’x 141, 144 (3d
Cir. 2012) (citations omitted).
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It appears from the application that Plaintiff has no assets and a very low monthly
income. Upon review, Plaintiff has shown sufficient economic disadvantage to proceed
IFP.
2. Dismissal under 28 U.S.C. § 1915(e)
Having granted Plaintiffs’ application to proceed IFP, the Court must screen the
Complaint to determine whether dismissal is warranted pursuant to 28 U.S.C. § 1915(e),
which directs courts to dismiss any claim that “is frivolous or malicious” or “fails to state
a claim upon which relief may be granted.” At this stage, it does not appear that
Plaintiff’s claim is frivolous or malicious; 5 U.S.C. § 552(a)(4)(B) provides a right of
action to pursue the kind of relief that Plaintiff seeks here. The Court will reserve its
judgment on whether the Complaint states a claim upon which may be granted until
Defendant moves to dismiss the Complaint.
CONCLUSION
For the foregoing reasons, the Court will grant Plaintiff’s application to proceed
IFP. An appropriate order will follow.
/s/ Anne E. Thompson
ANNE E. THOMPSON, U.S.D.J.
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