Elvira Garrison v. Inspira Health
This text of Elvira Garrison v. Inspira Health (Elvira Garrison v. Inspira Health) is published on Counsel Stack Legal Research, covering District Court, D. New Jersey primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW JERSEY CAMDEN VICINAGE
ELVIRA GARRISON, i HONORABLE KAREN M. WILLIAMS + gs i Civil Action Plaintiff, No. 25-cv-12204-KMW-MIJS ¥ INSPIRA HEALTH, : MEMORANDUM OPINION AND Defendant. | ORDER i
THIS MATTER comes before the Court by way of Plaintiff Elvira Garrison’s (“Plaintiff’) Application to Proceed in District Court Without Prepaying Fees or Costs (“IFP Application’) (ECF No. 4) pursuant to 28 U.S.C. § 1915(a)(1); and THE COURT NOTING that, having reviewed Plaintiff's IFP Application, Plaintiff declares that her biweekly income is $3,000.00 (IFP Application p. 5) and her monthly expenses total to $5,265.00. (IFP Application 8). Piaintiff asserts that her spouse’s monthly income is $2,500 and their expenses total $2130.00. (IFP Application { 8). Plaintiff lists additional assets that include a home and two cars, (IFP Application { 5). Plaintiff has two minor dependents. (IFP Application §[ 7); and WHEREAS, the Third Circuit has held that an application to proceed without paying filing fees is “based on a showing of indigence,” Douris v. Newtown Borough, Inc., 207 F. App’x 242, 243 (3d Cir. 2006) (citation omitted); and
WHEREAS the Court notes that although a person “need not be absolutely destitute to proceed in forma pauperis,” Plaintiff must nonetheless, “establish that [she] is unable to pay the costs of [her] suit,” Hurst v. Shalk, 659 F. App’x 133, 134 (3d Cir. 2016); and THE COURT FINDING that because Plaintiff’s monthly expenses do not exceed her income, Plaintiff has failed to demonstrate that she cannot pay the costs of litigation, and thus the Court denies the IFP Application, Therefore, IT IS HEREBY on this.) day of October, 2025 ORDERED that Plaintiff's application to proceed in forma pauperis pursuant to 28 U.S.C, §1915 (ECF No. 1) is hereby DENIED; and it is further ORDERED that the clerk is ordered to close the file. Plaintiff may submit payment in the amount of $405 within 14 days from the date of this order to reopen the case without further action from the court. ORDERED that the Clerk of the Court shall serve a copy of this Order upon Plaintiff by regular U.S. mail. “KARENM. WILLIAMS” United States District Judge
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