Smith v. Quiros et al
| Connecticut District Court | |
| Judge: | Michael P Shea |
| Referred: | Thomas O Farrish |
| Case #: | 3:25-cv-00039 |
| Nature of Suit | 555 Prisoner Petitions - Habeas Corpus - Prison Condition |
| Cause | 42:1983 Prisoner Civil Rights |
| Case Filed: | Jan 08, 2025 |
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| Docket last updated: 8 hours ago |
| Tuesday, January 14, 2025 | ||
| 9 | 9
order
Order re: Insufficiency
Tue 01/14 9:56 AM
NOTICE OF INSUFFICIENCY. The plaintiff has filed a motion for leave to proceed in forma pauperis; in other words, he seeks to commence a federal lawsuit without pre-paying the $405.00 filing fee. A federal law, 28 U.S.C. § 1915, permits him to do so if, among other things, he submits a financial affidavit showing that he is unable to pay, accompanied by a certified copy of his inmate trust account statement for the six month period preceding his complaint. The plaintiff submitted an inmate trust account statement which indicates that he received approximately $2,085 in deposits from an unknown source between June 6, 2024 and December 29, 2024. The plaintiff's application also claims that he spent $310 per month on "cosmetics," "commissary/snacks," and "clothing/shoes." In determining if a plaintiff's financial circumstances qualify for in forma pauperis status, courts consider not only his personal resources, but also resources that an applicant ''has or can get from those who ordinarily provide the applicant with the necessities of life.'' Fridman v. City of New York , 195 F. Supp. 2d 534, 537 (S.D.N.Y. 2002). The court cannot fully evaluate the plaintiff's application unless and until it knows who made the deposits into his account, and that person's resources to pay the filing fee. The Court also cannot fully evaluate the plaintiff's application without more information about his spending. Mr. Smith had only $100.99 in his inmate trust account at the time he filed his in forma pauperis application, but he received approximately $2,085 in deposits in the preceding six months. His deposits are therefore over five times the filing fee. When inmate's low account balance is a product of voluntary spending on non-necessities like snack foods and entertainment downloads, courts routinely deny motions for leave to proceed in forma pauperis even to inmates who do not have $405.00 in their account. See, e.g., Hinton v. Pearson , No. 3:21-cv-863 (MPS), 2021 WL 3036921, at *2 (D. Conn. July 19, 2021). Conversely, courts often grant in forma pauperis status to inmates who have more than $405.00 in their account, if they show that they spend their excess funds on genuinely necessary items that are not provided for them by the Department of Correction. See Rosa v. Doe , 86 F.4th 1001, 1009 (2d Cir. 2023). Put simply, the Court needs to know what Mr. Smith spent the $2,085 on, and whether it was genuinely necessary. He claims to spend $310 per month on "cosmetics," "commissary/snacks," and "clothing/shoes," but the Court is unable to regard this level of spending as "necessary" based on the limited information the plaintiff provided, and based on its own knowledge of what the Commissary charges for these items. See Manson v. Caron , No. 3:24-cv-876 (MPS) (TOF), 2024 WL 3159030, at * (D. Conn. June 25, 2024) . The Court will give Mr. Smith another chance to show his entitlement to in forma pauperis status by addressing these two issues. If Mr. Smith wishes to pursue this case in forma pauperis , he must file with the Clerk of the Court a statement (a) identifying the source of his deposits and stating that person's (or persons') financial resources and ability to pay the filing fee; in other words, if, say, the deposits came from a family member, the plaintiff must say so, and must explain that family member's financial resources and ability to pay the fee; and (b) truthfully and accurately stating in detail how he spent the $2,085 in deposits that he received since June 6. He may attach commissary receipts if he wishes. The plaintiff's statement may be handwritten but must (a) include the case name of Smith v. Quiros et al and the case number of 25-cv-39; (b) be signed under the penalty of perjury; and (c) be submitted to the Court no later than February 3, 2025. If plaintiff fails to either pay the fee or submit a supplemental statement by the required date, his case may be dismissed. Signed by Judge Thomas O. Farrish on 1/14/2025.(Corriette, M.) |
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| Wednesday, January 08, 2025 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Fri 01/10 4:16 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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| 7 | 7
order
Electronic Filing Order
Fri 01/10 4:15 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Michael P Shea on 01/08/2025. (Peterson, M) |
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| 6 | 6
order
Prisoner E-Filing Order (Intake)
Fri 01/10 4:15 PM
Prisoner E-Filing Standing Order on Prisoner Electronic Filing Program Signed by Chief Judge on 6/22/2016. (Peterson, M) |
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| 5 | 5
order
Standing Protective Order (Intake)
Fri 01/10 4:14 PM
Standing Protective Order Signed by Judge Michael P Shea on 01/08/2025. (Peterson, M) |
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| 4 | 4
notice
Notice re: Disclosure Statement
Thu 01/09 10:03 AM
Notice: Pursuant to Federal Rule of Civil Procedure 7.1, a disclosure statement must be filed with a party's first appearance, pleading, petition, motion, response, or other request addressed to the Court and must be supplemented if any required information changes during the case. Signed by Clerk on 1/8/2024. (Fanelle, N.) |
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| 3 | 3
misc
Prisoner Trust Fund Account Statement
Thu 01/09 9:53 AM
Prisoner Trust Fund Account Statement by Anthony Smith. (Fanelle, N.) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Thu 01/09 9:52 AM
MOTION for Leave to Proceed in forma pauperis by Anthony Smith. (Fanelle, N.) |
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| 1 | 1
cmp
Complaint
Thu 01/09 9:45 AM
COMPLAINT against Krista Brennon, Debra Cruz, Moore, W. Mulligan, Angel Quiros, Reis, Shafter, filed by Anthony Smith. (Fanelle, N.) |
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utility
Add and Terminate Judges
Thu 01/09 10:22 AM
Judge Michael P Shea and Judge Thomas O. Farrish added. (Oliver, T.) |
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