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