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Pitikus v. West Mahanoy Township Sewer Project Officer

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


February 21, 2006

JOHN PITIKUS, PLAINTIFF,
v.
WEST MAHANOY TOWNSHIP SEWER PROJECT OFFICER, DEFENDANT.

The opinion of the court was delivered by: Judge Caputo

MEMORANDUM ORDER

Presently before the Court is the Plaintiff's Affidavit/Declaration in Support of Request to Proceed In Forma Pauperis (Doc. 3) which is being construed as a Motion to Proceed In Forma Pauperis. In Plaintiff's affidavit, he states that he is unemployed, collects $620.00 per month from Social Security, and has $1300.00 in a savings account. Plaintiff listed no dependents on his affidavit. (Id.)

The Court has discretion to grant in forma pauperis status. Goldstein v. Timoney, No. 01-481, 2001 WL 179868, at *1 (E.D. Pa. Feb. 20, 2001). "Poverty sufficient to qualify for in forma pauperis status does not require penniless destitution." Id. (alterations omitted) (citing Ward v. Werner, 61 F.R.D. 639, 640 (M.D. Pa. 1974)). "[T]here exists no fixed net worth which disqualifies a party as a pauper." Id. Based on his affidavit, Plaintiff appears able to pay the filing fee. Thus, I will deny Plaintiff's motion to proceed in forma pauperis.

ACCORDINGLY, this 21st day of February, 2006, IT IS HEREBY ORDERED that:

1) Plaintiff's Motion for Leave to Proceed In Forma Pauperis (Doc. 3) is DENIED.

2) Plaintiff will have thirty (30) days to pay the $250.00 filing fee or the case will be closed.

Richard Caputo United States District Judge

20060221

© 1992-2006 VersusLaw Inc.



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