Opinion

Brown v. Delmonte

Court
District Court, D. Massachusetts
Filed
Oct 11, 2022
Cited by
0 cases
Authority
More cited than 22.9%

The opinion

UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

___________________________________

)

LAURENCE BROWN, )

)

Plaintiff, )

)

v. ) Civil Action No.

) 22-11277-NMG

CHRISTOPHER DELMONTE, Bridgewater )

Police Chief, )

Defendant. )

___________________________________)

ORDER

GORTON, J.

On August 8, 2022, pro se plaintiff Laurence Brown,

(“Brown”) initiated this action by filing a complaint (ECF No.

1) accompanied by a motion (ECF No. 2) to waive filing and

service fees. On September 1, 2022, Brown filed a motion (ECF

No. 4) seeking permission to file an addendum to his complaint.

A person commencing a non-habeas civil action must (1) pay

a $350 filing fee and a $52 administrative fee; or (2) file an

application to proceed without prepayment of fees (also referred

to as a motion or application to proceed in forma pauperis). See

28 U.S.C. §§ 1914(a); 1915(a)(1).

A person seeking to proceed in forma pauperis in a federal

district court must submit a financial affidavit that identifies

all of the litigant’s assets and shows that he is unable to pay

the filing fee. See 28 U.S.C. § 1915(a)(1). The determination

of what constitutes “unable to pay” or unable to “give security

therefor,” is left to the sound discretion of the district court

based on the information submitted by the plaintiff. Fridman v.

City of New York, 195 F. Supp. 2d 534, 536 (S.D.N.Y.), aff'd, 52

Fed. Appx. 157 (2d Cir. 2002) (citing Williams v. Estelle, 681

F.2d 946, 947 (5th Cir. 1982)).

“[O]ne must [not] be absolutely destitute to enjoy the

benefit of the [in forma pauperis] statute” and the [in forma

pauperis] statute does not require an individual to “contribute

... the last dollar they have or can get.” Adkins v. E.I. DuPont

de Nemours & Co., 335 U.S. 331, 339 (1948). However, “[i]n

assessing an application to proceed in forma pauperis, a court

may consider the resources that the applicant has or ‘can get’

from those who ordinarily provide the applicant with the

‘necessities of life,’ such as ‘from a spouse, parent, adult

sibling or other next friend.’” Fridman, 195 F. Supp. 2d at 537

(quoting Williams v. Spencer, 455 F. Supp. 205, 208–09 (D. Md.

1978)).

In his one-page motion for leave to proceed in forma

pauperis, Brown represents that his sole source of monthly

income is from a social security payment which is “below the

court system’s poverty level.” (ECF No. 2). Brown attaches to

his motion a copy of a notice stating his 2022 benefit amount.

Id.

Although Brown asserts that his income is limited to a

monthly social security payment, he failed to submit a financial

affidavit that identifies all of his assets and that shows how

he is able to access the basic necessities of life. Without

such information, the Court cannot evaluate whether Brown

qualifies for in forma pauperis status.

If Brown wishes to proceed without prepayment of the filing

fee, he must file a renewed motion for leave to proceed in forma

pauperis by submitting a completed Application to Proceed in

District Court Without Prepaying Fees or Costs. He must

supplement the form with additional information demonstrating

how he is provided the basic necessities of life and must report

any support—monetary or in kind—he has received from other

individuals such as a spouse or other next friend.

Finally, Brown seeks to file an addendum to his complaint

that consists of legal citations to Second Amendment caselaw.

While a complaint must contain facts “‘to state a claim to

relief that is plausible on its face,’” Santiago v. Puerto Rico,

655 F.3d 61, 72 (1st Cir. 2011) (citation omitted), an

“exposition of [plaintiff's] legal argument,” is not required,

Skinner v. Switzer, 562 U.S. 521, 530 (2011). A plaintiff's

complaint does not need to “pin his claim for relief to a

precise legal theory.” Id. Rather, a plaintiff is required to

state with sufficient facts a “claim to relief that is plausible

on its face.” Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555

(2007).

Accordingly:

1. Brown’s Motion to Waive Filing and Service Fees (ECF No. 2)

is DENIED WITHOUT PREJUDICE.

2. IF Brown wishes to pursue this action, he shall by October

31, 2022 either (1) pay the $402 filing fee or (2) file an

Application to Proceed in District Court Without Prepaying

Fees or Costs with a statement reporting any support he

receives from a spouse or next friend. Failure to do so

will result in dismissal of this action without prejudice.

The clerk shall send Brown an Application to Proceed in

District Court Without Prepaying Fees or Costs.

3. Brown’s Motion to Allow the Addition of an Addendum to his

Complaint (ECF No. 4) is DENIED.

So Ordered.

/s/ Nathaniel M. Gorton_____

Dated: October 11, 2022 UNITED STATES DISTRICT JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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