Jolly v. Delaware County Juvenile Court System
| MAKETA S JOLLY |
| Delaware County Juvenile Court System |
| 2:2021cv03334 |
| July 26, 2021 |
| US District Court for the Eastern District of Pennsylvania |
| JOEL H SLOMSKY |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 |
| None |
Docket Report
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This docket was last retrieved on August 19, 2021. A more recent docket listing may be available from PACER.
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| COPY OF DOC. NO. 10 AND NON PRISONER IFP APPLICATION FORM(S) HAVE BEEN MAILED TO PRO SE, JOLLY. (bw, ) |
Filing 10
ORDERED THAT JOLLYS MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE FOR LACK OF SUFFICIENT FINANCIAL INFORMATION TO ALLOW THE COURT TO DETERMINE WHETHER SHE HAS THE MEANS TO PAY THE FEES TO COMMENCE THIS CASE. IN DETERMINING WHETHER A PLAINTIFF IS ELIGIBLE TO PROCEED IN FORMA PAUPERIS, THE COURT MUST ASSESS THE PLAINTIFFS FINANCIAL STATUS. SEE DEUTSCH V. UNITED STATES, 67 F.3D 1080, 1084 N.5 (3D CIR. 1995). WHEN EXERCISING ITS DISCRETION TO APPROVE OR DENY A MOTION TO PROCEED IFP, A DISTRICT COURT MUST BE RIGOROUS... TO ENSURE THAT THE TREASURY IS NOT UNDULY IMPOSED UPON. IN RE MOCK, 252 F. APPX 522, 523 (3D CIR. 2007) (PER CURIAM) (QUOTING WALKER V. PEOPLE EXPRESS AIRLINES, INC., 886 F.2D 598, 601 (3D CIR. 1989) (ALTERATION IN ORIGINAL)). ACCORDINGLY, IT IS APPROPRIATE FOR A DISTRICT COURT TO SEEK ADDITIONAL INFORMATION ABOUT A PLAINTIFFS FINANCIAL STATUS WHEN QUESTIONS ARE RAISED BY HER IN FORMA PAUPERIS APPLICATION. ASSAAD-FALTAS V. UNIV. OF S.C., 971 F. SUPP. 985, 987 (D.S.C. 1997) ([T]HE COURT MAY INQUIRE INTO [A PLAINTIFFS] ALLEGATIONS AND DEMAND MORE SPECIFIC INFORMATION IF NECESSARY FOR A PROPER ASSESSMENT OF THE MOVANTS FINANCIAL STATUS. (QUOTING MONTI V. MCKEON, 600 F. SUPP. 112, 113 (D. CONN. 1984))); JOLLYS FINANCIAL CIRCUMSTANCES ARE UNCLEAR FROM HER MOTION. SHE LEFT SOME PORTIONS OF THE FORM BLANK, INCLUDING THE PORTIONS OF THE FORM THAT ASK FOR INFORMATION ABOUT MONEY SHE MAY HAVE IN A FINANCIAL INSTITUTION. JOLLYS SUBMISSION ALSO OMITTED PAGE FOUR OF THE COURTS FORM MOTION, WHICH CONTAINS INFORMATION ABOUT MONTHLY EXPENSES. SINCE JOLLYS SUBMISSION IS INCOMPLETE, THE COURT WILL DENY HER MOTION WITHOUT PREJUDICE TO HER SUBMITTING A COMPLETE AND MORE DETAILED APPLICATION TO PROCEED IN FORMA PAUPERIS OR, ALTERNATIVELY, PAYING THE FEES TO COMMENCE THIS CIVIL ACTION; THE CLERK OF COURT SHALL SEND JOLLY AN APPROPRIATE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE; IF JOLLY SEEKS TO PROCEED IN FORMA PAUPERIS, SHE SHALL WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER, COMPLETE THE FORM IN A MANNER THAT MAKES CLEAR TO THE COURT HOW SHE IS SUPPORTING HERSELF AND THAT CLARIFIES THE ISSUES NOTED ABOVE. IF JOLLY IS BEING SUPPORTED BY OTHERS, SHE MAY INDICATE THAT FACT IN THE MOTION. ALTERNATIVELY, JOLLY MAY PROCEED WITH THIS CASE BY PAYING $402 (COMPRISING THE $350 FILING FEE AND $52 ADMINISTRATIVE FEE) TO THE CLERK OF COURT WITHIN THIRTY (30) DAYS OF THE DATE OF THIS ORDER AND IF JOLLY FAILS TO COMPLY WITH THIS ORDER, HER CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 8/17/21.8/19/21 ENTERED AND COPIES NOT MAILED TO PLAINTIFF.(jaa, )
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| Filing 9 MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS FILED BY MAKETA S JOLLY.(mbh, ) |
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Filing 8
ORDERED THAT IF JOLLY SEEKS TO PROCEED WITH THIS CASE, SHE MUST, WITHIN FOURTEEN (14) DAYS OF THE DATE OF THIS ORDER, EITHER (1) PAY $402 TO THE CLERK OF COURT, OR (2) FILE A MOTION TO PROCEED IN FORMA PAUPERIS AND IF JOLLY FAILS TO COMPLY WITH THIS ORDER, HER CASE MAY BE DISMISSED WITHOUT FURTHER NOTICE FOR FAILURE TO PROSECUTE. SIGNED BY HONORABLE JOEL H. SLOMSKY ON 7/30/21. 8/2/21 ENTERED AND COPIES MAILED TO PLAINTIFF.(jaa, )
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| Filing 7 PRO SE NOTICE RE:GUIDELINES (sbt, ) |
| Filing 6 Case transferred in from District of Pennsylvania Middle; Case Number 1:21-cv-01071. Original file certified copy of transfer order and docket sheet received. |
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Filing 5
ORDER TRANSFERRING CASE to Eastern District of Pennsylvania. Signed by Magistrate Judge Joseph F. Saporito, Jr on 7/26/21. (ms) [Transferred from Pennsylvania Middle on 7/27/2021.]
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Filing 4
ORDER - within 30 days, plaintiff shall either pay the $402 filing and administrative fees or submit a completed and signed ifp application Signed by Magistrate Judge Joseph F. Saporito, Jr on 6/18/21. (Attachments: #1 Short form ifp)(ms) [Transferred from Pennsylvania Middle on 7/27/2021.]
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| Filing 3 PRO SE LETTER ISSUED providing the case number. (Attachments: #1 Packet) (ibr) [Transferred from Pennsylvania Middle on 7/27/2021.] |
| Filing 2 U.S. MARSHAL 285 FORM to be attached to Complaint when served by USM. (ibr) [Transferred from Pennsylvania Middle on 7/27/2021.] |
| Filing 1 COMPLAINT against Delaware County Juvenile Court System as no filing fee was paid and no Motion for In Forma Pauperis was filed, filed by Maketa S. Jolly. (Attachments: #1 Exhibit(s), #2 Civil Cover Sheet)(ibr) [Transferred from Pennsylvania Middle on 7/27/2021.] |
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| Plaintiff: MAKETA S JOLLY | |
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| Defendant: Delaware County Juvenile Court System | |
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