Fall v. Stover
| Connecticut District Court | |
| Judge: | Omar A Williams |
| Referred: | S Dave Vatti |
| Case #: | 3:24-cv-01176 |
| Nature of Suit | 530 Prisoner Petitions - Habeas Corpus - General |
| Cause | 28:2241 Petition for Writ of Habeas Corpus (federal) |
| Case Filed: | Jul 09, 2024 |
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| Docket last updated: 07/19/2024 11:59 PM EDT |
| Wednesday, July 17, 2024 | ||
| 9 | 9
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 07/17 9:46 AM
ORDER denying2 Motion for Leave to Proceed in forma pauperis. The petitioner, Corina Fall, moved for leave to proceed in forma pauperis pursuant to 28 U.SC. § 1915 in this petition for habeas corpus. To qualify for in forma pauperis status, a petitioner must demonstrate that, due to their poverty, they cannot "pay or give security for the costs" of litigating the case while still being able to "provide [themselves] and [their] dependents 'with the necessities of life.'" Adkins v. E.I. DuPont de Nemours & Co. , 335 U.S. 331, 339 (1948). The inability of a petitioner to pay court fees means that "paying such fees would constitute a serious hardship on the [petitioner], not that such payment would render [the petitioner] destitute." Fiebelkorn v. United States , 77 Fed. Cl. 59, 62 (2007); but see In re Epps , 888 F.2d 964, 967 (2d Cir. 1989) (holding that "what constitutes the 'necessities of life' that must be purchased is obviously different for prisoners, most of whose necessities are paid for by the jurisdiction that incarcerates them"). Although courts typically grant in forma pauperis status to those whose trust account balance is lower than the filing fee, it is a different matter if the low trust account balance is a "result of [their] own voluntary spending decisions." Manson v. Caron , No. 3:24-cv-876(MPS), 2024 WL 3159030, at *1 (D. Conn. June 25, 2024). Petitioner's trust fund account statement indicates that they have $1.26 in available balance. Prisoner Trust Fund Account Statement 1, ECF No.3 . However, the page labeled "Deposits" indicates that there has been $1678.50 deposited into Petitioner's account between October 5, 2023, and June 16, 2024. See id. at 2. Even taking into consideration that some of Petitioner's funds are being earmarked to meet the "Target Pre-Release Account Balance," it is uncertain how Petitioner came to have only $1.26 in their account, despite sums of money ranging from $150 to $200 being regularly deposited into their account. To help petitioners present such information for the court's review, the District of Connecticut has a standardized Prisoner's Application to Proceed In Forma Pauperis. See U.S. Dist. Ct., Dist. of Conn., Prisoner's Application to Proceed In Forma Pauperis in a Civil Rights Action, https://www.ctd.uscourts.gov/sites/default/files/forms/Prisoner-IFP-12-15-23.pdf [https://perma.cc/Z2S7-MHQB]. Without underestimating the difficulty of paying court filing fees, the court notes that writs of habeas corpus ordinarily cost $5.00 to file. See Manson , 2024 WL 3159030, at *1 (citing Simmons v. Torres , No. 3:07-cv-1409(VLB), 2007 WL 3171356, at *1 (D. Conn. Oct. 26, 2007)). With this in mind, the application submitted by Petitioner lacks sufficient detail for the court to find that paying the $5.00 filing fee would constitute a serious hardship. Accordingly, the court hereby denies Petitioner's motion without prejudice, subject to renew, such that Petitioner may demonstrate the hardship posed by the filing fee. Petitioner has two options to proceed: They may renew their motion or pay the requisite filing fee. Should Petitioner intend on refiling the motion, they shall demonstrate, through affidavits, submission of a current District of Connecticut IFP application, and/or a more detailed prisoner trust fund account statement, how they spend the money that is deposited into their account and why the filing fee represents a serious hardship. Petitioner shall file a renewed motion to proceed in forma pauperis or pay the filing fee on or before August 14, 2024. Failure to comply with this deadline may result in the dismissal of this action. Signed by Judge Omar A. Williams on 07/17/2024. (Kim, Hyo June) |
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| Tuesday, July 09, 2024 | ||
| 8 | 8
misc
Notice of Option to Consent to MJ Jurisdiction (intake)
Thu 07/11 12:58 PM
Notice of Option to Consent to Magistrate Judge Jurisdiction. (Peterson, M) |
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intord
Standing Order re: Letters
Thu 07/11 12:55 PM
Standing Order re: Letters. Signed by Judge Omar A. Williams on 07/09/2024. (Peterson, M) |
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order
Electronic Filing Order
Thu 07/11 12:55 PM
ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Omar A. Williams on 07/09/2024. (Peterson, M) |
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order
Standing Protective Order (Intake)
Thu 07/11 12:54 PM
Standing Protective Order Signed by Judge Omar A. Williams on 07/09/2024. (Peterson, M) |
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motion
Appoint Counsel
Wed 07/10 1:21 PM
MOTION to Appoint Counsel by Corina Fall. (Gaskins, A) |
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| 3 | 3
misc
Prisoner Trust Fund Account Statement
Wed 07/10 1:14 PM
Prisoner Trust Fund Account Statement by Corina Fall. (Gaskins, A) |
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| 2 | 2
motion
Proceed In Forma Pauperis
Wed 07/10 1:09 PM
MOTION for Leave to Proceed in forma pauperis by Corina Fall. (Gaskins, A) |
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| 1 | 1
cmp
Petition for Writ of Habeas Corpus
Wed 07/10 1:05 PM
PETITION for an emergency Writ of Habeas Corpus under USC 2241, filed by Corina Fall.(Gaskins, A) |
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Att: 1
attachment,
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Att: 2
envelope
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utility
Add and Terminate Judges
Wed 07/10 2:37 PM
Judge Omar A. Williams and Judge S. Dave Vatti added. (Sichanh, C) |
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