RAY v. PHILADELPHIA PRISON SOCIETY et al
| DIANA A. RAY |
| PHILADELPHIA PRISON SOCIETY and P.I.C.C. |
| 2:2023cv04683 |
| November 27, 2023 |
| US District Court for the Eastern District of Pennsylvania |
| WENDY BEETLESTONE |
| Prisoner Petitions: Prison Condition |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
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This docket was last retrieved on December 13, 2023. A more recent docket listing may be available from PACER.
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Filing 4
ORDERED THAT RAYS 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))). RAYS FINANCIAL CIRCUMSTANCES ARE UNCLEAR FROM HER MOTION. RAY HAS SUBMITTED A FORM THAT CONTAINS ALL ZEROS IN THE INCOME SECTION, AND SHE DOES NOT PROVIDE ANY INFORMATION ABOUT HOW SHE IS SUPPORTING HERSELF OR ABLE TO PAY FOR HER LISTED EXPENSES. BECAUSE RAYS FINANCIAL CIRCUMSTANCES ARE NOT CLEAR TO THE COURT, THE COURT CANNOT CONCLUDE AT THIS TIME THAT SHE QUALIFIES FOR IN FORMA PAUPERIS STATUS. 2. THE CLERK OF COURT SHALL SEND RAY AN APPROPRIATE NON-PRISONER APPLICATION TO PROCEED IN FORMA PAUPERIS, BEARING THE CIVIL ACTION NUMBER OF THIS CASE. SIGNED BY HONORABLE WENDY BEETLESTONE ON 12/13/23.12/13/23 ENTERED AND COPIES MAILED TO PLAINTIFF WITH IFP FORMS.(jaa, )
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| PRO SE E-NOTICE CONSENT FORM MAILED TO PRO SE LITIGANT. (jaa, ) |
| Filing 3 PRO SE NOTICE RE:GUIDELINES AND MAILED TO PRO SE (jaa, ) |
| Filing 2 COMPLAINT against P.I.C.C., PHILADELPHIA PRISON SOCIETY, filed by DIANA A. RAY. *IFP PENDING. (jaa, ) |
| Filing 1 APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS filed by DIANA A. RAY.(jaa, ) |
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