Dist. Ct. did not err in dismissing with prejudice plaintiff-prisoner’s section 1983 action against defendants-prison officials, after discovering that plaintiff had failed to disclose existence of $1,400 trust account when filing in forma pauperis petition. Plaintiff successfully obtained in forma pauperis status, after stating that he had only $10 in cash and $726 in his “release” account that could only normally be accessed once he was released from prison. Under 28 USC section 1915(e)(2)(A), Dist. Ct. “shall dismiss” prisoner complaint if it determines that prisoner’s allegation of poverty in his in forma pauperis petition was untrue, and Dist. Ct. could properly find that plaintiff’s failure to disclose existence of his trust account was deliberate and material lie. Ct. rejected plaintiff’s argument that he was unaware of trust fund balance, where record showed that plaintiff spent $600 from said account two weeks after filing in forma pauperis petition.
Federal 7th Circuit Court
Civil Court
Prisoners