UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY
September 7, 2010
SHIRLEY ROSENBERG, PLAINTIFF,
ERIC WHITEHEAD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: Martini, District Judge
Plaintiff Shirley Rosenberg, a civilly-committed mental patient confined at Greystone Hospital in Morris Plains, New Jersey, seeks to bring this civil action in forma pauperis, without prepayment of fees or security, asserting claims pursuant to 42 U.S.C. § 1983.
Civil actions brought in forma pauperis are governed by 28 U.S.C. § 1915. Section 1915(a) requires a person who seeks to proceed in forma pauperis to submit an affidavit "that includes a statement of all assets such [person] possesses." In addition, Appendix P of the New Jersey Federal Practice Rules provides a form of affidavit acceptable to the Court.
Here, Plaintiff has provided only a conclusory statement asserting her indigency, including only a statement as to her monthly stipend from the state and a statement that she does not receive Social Security payments.
The affidavit is not a sufficient statement of Plaintiff's assets and liabilities to permit this Court to determine whether she qualifies to proceed in forma pauperis. To the extent Plaintiff possesses any financial accounts, including brokerage accounts, bank accounts, or an institutional account, she must provide a statement as to the balance in those accounts. Plaintiff must advise the Court of all money she has received, from any source, in the twelve months prior to submitting the application for leave to proceed in forma pauperis. Plaintiff must advise the Court whether she possesses anything of value, including real estate, stocks, bonds, or securities. All of these requirements are addressed in the form of affidavit that can be provided by the Court.
The allegations of the Complaint do not suggest that Plaintiff is in imminent danger of serious physical injury.
For the reasons set forth above, Plaintiff's application for leave to proceed in forma pauperis will be denied without prejudice and the Clerk of the Court will be ordered to administratively terminate this action, without filing the complaint or assessing a filing fee. The Clerk of the Court will provide an acceptable form of affidavit to Plaintiff, and Plaintiff will be granted leave to move to re-open within 30 days.*fn1
An appropriate Order will be entered.
William J. Martini United States District Judge