CALDERON v. JOHNSON et al

Filing 2

MEMORANDUM ORDER Granting Petitioner's in forma pauperis application. Signed by Judge Anne E. Thompson on 1/27/2016. (km)

NOT FOR PUBLICATION
UNITED STATES DISTRICT COURT
DISTRICT OF NEW JERSEY
WADYD MONTES CALDERON,
Civ. No. 16-0383
Petitioner,
MEMORANDUM
ORDER

v.
JEH JOHNSON, in his official capacity as
Secretary of Homeland Security, et al.,
Respondents.
THOMPSON, U.S.D.J.

This matter comes before the Court upon the application of pro se Petitioner
Wadyd Montes Calderon to proceed in forma pauperis in a review of the United States
Citizenship and Immigration Services’ decision to deny his naturalization application.
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 litigant 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) (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); Still v. Shinseki, 490 F. App’x 413,
413 (3d Cir. 2012).

It appears from the application that Petitioner has no assets and that his fixed
income equals his monthly expenditures. Therefore, Petitioner has shown sufficient
economic disadvantage to proceed in forma pauperis.
IT IS on this 27th day of January, 2016,
ORDERED that Petitioner’s Application to Proceed in forma pauperis (ECF No.
1-1) is GRANTED; and the Clerk of Court shall file the Complaint without prepayment
of fees.

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