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Metoyer v. Gallagher

UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY


February 20, 2009

FREDERICK METOYER, PLAINTIFF,
v.
ARTHUR J. GALLAGHER, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Brown, Chief District Judge

NOT FOR PUBLICATION

OPINION AND ORDER

Plaintiff Frederick Metoyer ("Plaintiff") having submitted the complaint in the above captioned matter [#1], and it appearing that:

1. The Clerk will not file the complaint unless the person seeking relief pays the entire applicable filing fee in advance or the person applies for and is granted in forma pauperis status pursuant to 28 U.S.C. § 1915. See Local Civil R. 5.1(f).

2. The filing fee for commencing a civil action in this court is $350.00. See 28 U.S.C. § 1914(a).

2. Plaintiff did not prepay $350.00; rather, he submitted his application to proceed in this matter in forma pauperis, pursuant to 28 U.S.C. § 1915 ("Application") [#2].

3. In making such an application, a plaintiff must state the facts concerning his or her poverty with some degree of particularity, definiteness or certainty. United States ex rel. Roberts v. Pennsylvania, 312 F. Supp. 1, 2 (E.D. Pa. 1969) (finding affiant's application legally insufficient where the application failed to state the facts of affiant's poverty with any degree of particularity, definiteness or certainty) (citing United States v. Coor, 213 F. Supp. 955, 956 (D.D.C. 1963), rev'd on other grounds, 325 F.2d 1014 (D.C. Cir. 1963); Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960)).

4. In his Application, Plaintiff failed to state any facts concerning his claimed poverty. (Id.) IT IS THEREFORE on this 19th day of February, 2009, hereby ORDERED that Plaintiff's application to proceed in forma pauperis is DENIED without prejudice; and it is further

ORDERED that the Clerk shall serve this Order upon Plaintiff by regular U.S. mail.

GARRETT E. BROWN, JR., U.S.D.J.

20090220

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