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Civil Rights: Other | New Jersey
Text Order
TEXT ORDER: This matter comes before the Court upon Plaintiff's renewed application to proceed in forma pauperis (ECF No. 104 ), which includes an attached declaration, under penalty of perjury, explaining errors Plaintiff made in his initial application, specifically Plaintiff's statement of his spouse's monthly income (ECF Nos. 86 , 104-2). Plaintiff declares that "[a]fter reviewing... the underlying payroll records, [he] discovered an inadvertent clerical and data-entry error in the calculation and reporting of [his] spouse's variable biweekly gross earnings." (ECF No. 104-2 at 1.) Plaintiff's renewed application, which contains the correct figures, provides that Plaintiff and his spouse had an average monthly income of $6,589.92 during the past year; that their monthly income starting next month will be $5,135.98, due to Plaintiff's unemployment; and that their monthly expenses are $6,003.84. (ECF No. 104 .) Plaintiff's monthly expenses thus exceed his monthly income by $867.86. Unlike many litigants who appear before the Court seeking to proceed in forma pauperis, Plaintiff has funds in bank accounts ($3,671.40) and assets (a home valued at $549,000 and a car valued at $19,500, which he appears to own given that his expenses do not include a monthly car payment). However, "[a] litigant need not be 'absolutely destitute' or contribute his or her 'last dollar' in order to qualify for in forma pauperis status." Johnson v. Rothchild, 741 F. App'x 52, 54 (3d Cir. 2018) (per curiam) (quoting Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). In light of this principle, and in recognition of the fact that Plaintiff has a six-person household with four dependents, "ha[s] been unable to obtain stable, meaningful employment" due to "the events giving rise to this case" and recently became unemployed, and has financial obligations related to being "more than four months behind on [his] mortgage payments," the Court will GRANT Plaintiff's application to proceed in forma pauperis (ECF No. 104 ). The Court notes that this decision does not determine Plaintiff's Motion to Appoint Pro Bono Counsel (ECF No. 87 ), which remains pending. So Ordered by Judge Robert Kirsch on 08/03/2026. (pdm)
Application to Proceed IFP
APPLICATION to proceed IN FORMA PAUPERIS by BRADLEY CLONAN. (Attachments: # 1 Supplemental Sheet to IFP, # 2 Declaration, # 3 Text of Proposed Order)(Received via ADS)(kht)
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