Hinton v. Puzio

CourtDistrict Court, D. Connecticut
DecidedMarch 4, 2025
Docket3:24-cv-01944
StatusUnknown

This text of Hinton v. Puzio (Hinton v. Puzio) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hinton v. Puzio, (D. Conn. 2025).

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT NAH-FEE HINTON, et al., ) CASE NO. 3:24-cv-01944 (KAD) Plaintiffs, ) ) v. ) ) PUZIO, et al., ) MARCH 4, 2025 Defendants. )

Order Denying Motions to Proceed In Forma Pauperis (ECF NOs. 3–5, 8–10, 14–17, 20, 22, 23, 25, 27, 42, 45, 49, 51, 53, 55, 57, 61, 65, 74, 78, 81, 83, 85, 87, 89, 93, 95, 99, 101, 104)

Kari A. Dooley, United States District Judge: Before the Court are twenty-one motions for leave to proceed in forma pauperis in this lawsuit brought by thirty-eight plaintiffs. For the following reasons, the motions for leave to proceed in forma pauperis filed by plaintiffs Alexander Mayer, Rasheed Mingues, Michael Morris, Timothy Armstrong, Deshawn Baugh, Jaquon Benejan, Tyrome Brehon, Kenneth Burghardt, Christopher Castelluzzo, Mahmoud Elhassan, Jermaine Gonsalves, Nah-Fee Hinton, Da’Jahn Howard, Marnell Johnson, Christopher Keeser, Brian Lockett, Jose Matos, Bryan Osborne, Keyenn Rodgers, Scott Velez, and Dominque Butler are DENIED. When a plaintiff files a complaint in federal court, ordinarily he must pay filing and administrative fees totaling $405. Sullivan v. Harris, No. 3:24-CV-01578 (KAD), 2024 WL 4819285, at *1 (D. Conn. Nov. 18, 2024) (citing 28 U.S.C. § 1914). District courts may nevertheless authorize commencement of an action “without prepayment of fees . . . by a person who submits an affidavit that includes a statement . . . that the person is unable to pay such fees.” 28 U.S.C. § 1915(a)(1); see also Coleman v. Tollefson, 575 U.S. 532, 534 (2015) (explaining that plaintiffs who qualify for in forma pauperis status “may commence a civil action without prepaying fees or paying certain expenses”). The decision to permit a plaintiff to proceed in forma pauperis in civil cases is committed to the sound discretion of the district court. See Rahimi v. Sec’y of Navy, No. 3:19-CV-01852 (JAM), 2019 WL 6529458, at *2 (D. Conn. Dec. 4, 2019). In exercising this discretion, the court must determine whether the burden of paying the fees for filing and service would either hamper

the plaintiff’s ability to obtain the necessities of life or force him to abandon the action. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948); Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983) (per curiam). The in forma pauperis statute contemplates that, in making this determination, courts will examine “a certified copy of the trust fund account statement (or institutional equivalent) for the prisoner for the 6-month period immediately preceding the filing of the complaint.” 28 U.S.C. § 1915(a)(2). After thorough review of the above plaintiffs’ motions for leave to proceed in forma pauperis and their trust fund account statements, the Court concludes that all twenty-one plaintiffs named above can pay the $405 filing fee without forgoing the necessities of life or abandoning the action. The Court discusses each plaintiff’s motion in turn.

1. Alexander Mayer. Mayer’s current trust fund account balance is $105. ECF No. 94 at 5. While courts have allowed plaintiffs to proceed in forma pauperis when the filing fee exceeds their trust fund account balance, Ogrinc v. Semple, No. 3:24-CV-1129 (SRU), 2024 WL 4803467, at *1 (D. Conn. Nov. 15, 2024) (noting that “[w]hen a prisoner’s inmate trust account balance is lower than the filing fee, courts often grant leave to proceed IFP.”), the Court considers more than a plaintiff’s current trust fund account balance in making the in forma pauperis determination. See, e.g., Brenna M. v. Kijakazi, No. 3:22-CV-00006-SRU, 2022 WL 543048, at *1 (D. Conn. Jan. 4, 2022) (observing that courts consider “not only [a plaintiff’s] personal resources, but family resources as well.”). Mayer has earned $13,681.46 in wages in the past twelve months. ECF No. 94 at 2. His average monthly salary is therefore $1,140.08, and exceeds his monthly expenses of $443.40, see id. at 3, by $696.68. This has resulted in an average monthly balance of $318.84 in his inmate trust account, id. at 5, and total cash on hand amounting to $1,337.45. Id. at 3. Despite Mayer’s current $105 balance in his trust fund account, Mayer’s average monthly

wages and cash on hand demonstrate an ability to pay the $405 filing fee without forgoing the necessities of life or abandoning the action. See, e.g., Furst v. Connecticut, No. 3:23-CV-00569 (KAD), 2023 WL 11852428, at *3 (D. Conn. June 12, 2023) (denying in forma pauperis status because plaintiff’s monthly income of $1,450 exceeded his monthly expenses by $550); Hurley v. Ithaca City Sch. Dist. Bd. of Educ., No. 20-CV-0328, 2020 WL 1937561, at *2 (N.D.N.Y. Apr. 22, 2020) (denying in forma pauperis status noting that “plaintiff indicates that he has $1,117.00 in cash or a checking or savings account”). Accordingly, Mayer’s motion to proceed in forma pauperis, ECF No. 93, is DENIED. 2. Rasheed Mingues. Mingues’s current trust fund account balance is $653.33, ECF No. 46 at 1, which is slightly higher than his average monthly balance of $492.78, id. at 2, but

consistent with his average balance of $685.35 in the past thirty days. Id. Even considering his monthly commissary expenditures of $120, see ECF No. 45 at 3, the Court concludes that Mingues’s current and average trust fund account balance over the past thirty days enables him to pay the $405 filing fee without forgoing the necessities of life or abandoning the action. See, e.g., Clark v. Pappoosha, No. 3:21CV1690 (CSH), 2022 WL 960296, at *2 (D. Conn. Mar. 30, 2022) (finding that plaintiff could pay the $402 filing fee when he had $492.70 in his trust account). Accordingly, Mingues’s motion to proceed in forma pauperis, ECF No. 45, is DENIED. And Mingues’s first motion to proceed in forma pauperis, ECF No. 23, is DENIED as moot. 3. Michael Morris. Morris’s current trust fund account balance is $2,898.06. ECF No. 54 at 1. Even after subtracting monthly payments to family (totaling, at most, $200 per month) and commissary expenditures totaling $225 per month, ECF No. 53 at 3, Morris’s trust fund account records dating back to April 3, 2024, show that his trust account balance has never fallen below

$1,900. See ECF No. 54 at 1–3. Accordingly, the Court concludes that Morris can pay the $405 filing fee without forgoing the necessities of life or abandoning the action. See, e.g., Clark, 2022 WL 960296, at *2. Accordingly, Morris’s motion to proceed in forma pauperis, ECF No. 53, is DENIED. And Morris’s first motion to proceed in forma pauperis, ECF No. 25, is DENIED as moot. 4. Timothy Armstrong. Armstrong’s current trust fund account balance is $11.80. ECF No. 86 at 1. But he has received $2,145 in deposits in the last six months, id. at 2, which averages out to $357.50 per month. Armstrong spends $145 per month on commissary items, see ECF No. 85 at 3, but he does not explain where he spends the other $212.50 per month ($1,275 over the past six months).

“All litigants must make decisions about how to spend their money when they are contemplating litigation.” Crispin v. Anderson, No. 3:21-CV-945 (KAD), 2021 WL 3206850, at *1 (D. Conn. July 19, 2021). “If every inmate were permitted to simply spend funds in the canteen to avoid paying a filing fee, the in forma pauperis review would be a waste of time and effort.” Id. (quotation omitted).

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Related

Adkins v. E. I. DuPont De Nemours & Co.
335 U.S. 331 (Supreme Court, 1948)
Coleman v. Tollefson
575 U.S. 532 (Supreme Court, 2015)

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Bluebook (online)
Hinton v. Puzio, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hinton-v-puzio-ctd-2025.