Opinion

HUNTER

Court
District Court, D. New Jersey
Filed
Jul 7, 2026
Cited by
0 cases
Authority
More cited than 41.6%

The opinion

NOT FOR PUBLICATION

UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

MICHAEL RASHOD HUNTER,

Civil Case No. 26-2517

Plaintiff,

v.

OPINION AND ORDER

ANGEL VALENTIN et al.

July 7, 2026

Defendants.

SEMPER, District Judge.

THIS MATTER comes before this Court upon pro se Plaintiff Michael Rashod Hunter’s

(“Plaintiff”) filing of a Complaint (ECF 1, “Compl.”) and an application to proceed in forma

pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (ECF 1-2). Having reviewed Plaintiff’s

application, the Court has decided this matter upon submission, without oral argument, pursuant

to Federal Rule of Civil Procedure 78 and Local Civil Rule 78.1. For the reasons set forth below,

Plaintiff’s application is DENIED.

WHEREAS a district court may allow a plaintiff to commence a civil action without

paying the filing fee—that is, in forma pauperis—so long as the plaintiff submits an affidavit

demonstrating he or she is “unable to pay such fees,” but must dismiss a case that is “frivolous or

malicious,” “fails to state a claim upon which relief may be granted,” or “seeks monetary relief

against a defendant who is immune from such relief.” 28 U.S.C. § 1915(a)(1), (e)(2)(B); and

WHEREAS a litigant “must establish that he is unable to pay the costs of his suit,” Hurst

v. Shalk, 659 F. App'x 133, 134 (3d Cir. 2016), and “bears the burden ‘to provide the Court with

the financial information it needs to make a determination as to whether [they] qualify for IFP

status.” Gray v. GT Auto Sales, No. 25-5982, 2026 WL 63483, at *1 (D.N.J. Jan. 8, 2026) (quoting

Freeman v. Edens, No. 07-1227, 2007 WL 2406789, at *1 (D.N.J. Aug. 17, 2007)); and

WHEREAS this Court has denied IFP applications where plaintiffs state that they are

unemployed, have zero income, assets, or expenses, and do not expect any future income, without

any explanation as to how they subsist. See Gray, 2026 WL 63483, at *1-2 (denying a plaintiff’s

IFP where they “marked zeroes across the board” because the court could not determine his

financial status or how he covered his minimal expenses with no income); Afshar v. Rutgers Univ.,

No. 24-7251, 2024 WL 4476154, at *1 (D.N.J. Oct. 11, 2024) (denying a plaintiff’s IFP application

where “he wrote ‘0’ for every single box, declaring that he has no income, no assets, no savings,

and most implausibly, no expenses,” because the court could not evaluate his “claimed

indigency”); Hedgepeth v. Cap. Health, No. 23-3620, 2023 WL 6579821, at *2 (D.N.J. Oct. 10,

2023) (denying a plaintiff’s IFP application where he listed that he had “no cash, no bank accounts,

no assets, no income, and no expenses” and failed to “explain how he subsists without paying any

expenses”)); and

WHEREAS Plaintiff lists “0” in every single section of his IFP application, alleging that

he has zero income, assets, expenses, employment history, or future income, (ECF 1-2), and

provides no explanation or additional addendum explaining how he subsists within these economic

conditions.

IT IS, on this 7th day of July 2026,

ORDERED that Plaintiff’s application to proceed in forma pauperis (ECF 1-2) is hereby

DENIED without prejudice; and it is further

ORDERED that the Clerk of the Court is directed to CLOSE this case; and it is further

ORDERED that if Plaintiff seeks to reopen this case, he shall, within thirty (30) days of

the entry of this Order, either (1) submit a renewed IFP application with an addendum explaining

how he subsists given his current financial situation or (2) pay the $405 fee; and it is finally

ORDERED that the Clerk of the Court shall serve a copy of this Order and a blank IFP

application (AO 239, Rev. 01/15) upon Plaintiff by regular U.S. mail.

/s/ Jamel K. Semper.

Hon. Jamel K. Semper

United States District Judge

Orig: Clerk

cc: Jessica S. Allen, U.S.M.J.

Parties

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