Jelen v. United States Federal Bureau of Prisons et al
| Sean Jelen |
| Sasha Blevins, Lisa Bartlett, Amy Boncher and United States Federal Bureau of Prisons |
| 1:2021cv10194 |
| February 4, 2021 |
| US District Court for the District of Massachusetts |
| Richard G Stearns |
| Civil Rights: Other |
| 28 U.S.C. ยง 2671 |
| None |
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| Filing 7 Copy re 5 Order Dismissing Case, #6 Order of Dismissal mailed to Sean Jelen on 3/8/2021. (Pacho, Arnold) |
| Filing 6 Judge Richard G. Stearns: ORDER entered. Order of Dismissal. (Pacho, Arnold) |
| Filing 5 Judge Richard G. Stearns: ELECTRONIC ORDER entered. ORDER DISMISSING CASE"Plaintiff Sean Jelen was ordered to either file a motion to proceed in forma pauperis or pay the $402 filing and administrative fee by February 26, 2021. See February 5, 2021 Electronic Order, Dkt. 4. Nothing further has been filed in this action. Accordingly, this action is DISMISSED without prejudice for failure to pay the filing fee and failing to comply with the Court's order. The Clerk is directed to enter a separate order of dismissal."(PSSA, 5) |
| Filing 4 Judge Richard G. Stearns: ELECTRONIC ORDER entered denying #2 Motion for Leave to Proceed in forma pauperis "Plaintiff Sean Jelens (Jelen) motion to proceed in forma pauperis (Dkt. 2) is hereby DENIED without prejudice. Pursuant to 28 U.S.C. 1915(a), this court in its discretion may permit Jelen to proceed without prepayment of the filing and administrative fee if he "submits an affidavit that includes a statement of all assets" that Jelen possesses that establishes that he is unable to pay such fees or give security therefore." Id. While one must not be destitute, "courts have historically conferred the privilege [to proceed in forma pauperis] only on parties who are poor and indigent." Pisano v. Astrue, CIV.A. 11-30269- KPN, 2012 WL 79188, at *1 (D. Mass. Jan. 10, 2012). To underscore this point, Congress requires this court to dismiss a complaint if "at any time the court determines that... the allegation of poverty is untrue." 28 U.S.C. 1915(e) (2)(A). Here, Jelens motion indicates significant real property assets, no personal property, no funds, no income, no personal living expenses, but significant monthly childcare expenses and debt. On this record, it appears that Jelen may have a source of funds to provide for the necessities of life for himself and others, but the motion does not reveal sufficient detail for the Court to assess whether he is eligible for in forma pauperis status. The court is also aware that Jelen may not have been technically released from prison but rather appears to be serving his federal prison sentence in home confinement. Accordingly, Jelen shall by February 26, 2021 either pay the $402 filing and administrative fees, or file a renewed motion to proceed in forma pauperis, indicating his current prison sentence status and fully explaining his financial situation. Jelen must also include a completed Form AO 239 with any such renewed motion. The Clerk is directed to provide a copy of this form to Jelen. Failure to comply with this Order will result in dismissal of this action." (PSSA, 5) |
| Filing 3 ELECTRONIC NOTICE of Case Assignment. Judge Richard G. Stearns assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Sean Jelen.(Castilla, Francis) |
| Filing 1 COMPLAINT against All Defendants, filed by Sean Jelen. (Attachments: #1 cover letter, #2 Right to Sue)(Castilla, Francis) |
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