STARKS v. PATIENT SORTAL INC. et al
| TERRY STARKS |
| PATIENT SORTAL INC. and KENNY ECK |
| 2:2023cv03233 |
| August 21, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| GERALD A MCHUGH |
| Contract Product Liability |
| 28 U.S.C. ยง 1332 Diversity-Breach of Contract |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 28, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 5 Copy of Order/Notice dated 8/30/23 (Document # 4) and envelope returned from the U.S. Postal Service addressed to TERRY STARKS for the following reason: RETURN TO SENDER/ATTEMPTED - NOT KNOWN. (jaa, ) |
Filing 4
ORDER THAT STARKSS MOTION TO PROCEED IN FORMA PAUPERIS IS DENIED WITHOUT PREJUDICE FOR LACK OF SUFFICIENT FINANCIAL INFORMATION TO ALLOW THE COURT TO DETERMINE WHETHER HE 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 HIS 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))) AS OUTLINED HEREIN. SIGNED BY HONORABLE GERALD A. MCHUGH ON 8/30/23.8/30/23 ENTERED AND COPIES MAILED TO PLAINTIFF WITH FORMS.(jaa, )
|
| DOC 3 AND PRO SE E NOTICE CONSENT MAILED TO STARKS (rf, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES (jaa, ) |
| Filing 2 COMPLAINT against KENNY ECK, PATIENT SORTAL INC., filed by TERRY STARKS. *IFP PENDING. (Attachments: #1 PREPARED SUMMONS)(jaa, ) |
| Filing 1 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by TERRY STARKS.(jaa, ) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
