Dist. Ct. erred in denying plaintiff-prisoner’s motion to proceed in forma pauperis (IFP) and then dismissing for failure to pay filing fee his section 1983 action against defendants-jailhouse officials, alleging that he incurred personal injuries arising out of defendants’ indifference to his medical needs. Basis for denying IFP motion was Dist. Ct.’s finding that plaintiff: (1) had failed to include his prison identification number and prison location on applicable form, as well as failed to deposit into his prison trust account $188 gift belonging to relative; and (2) indicated in second IPF application form “N/A” instead of “no” for each question seeking information about his sources of funds. However, Dist. Ct. had access to plaintiff’s identification number and prison location in other documents contained in his case file, and plaintiff need not deposit or declare $188 gift belonging to relative. Moreover, record otherwise supported plaintiff’s claim that he was indigent and was qualified to proceed IFP.
Federal 7th Circuit Court
Civil Court
Prisoners