Jones v. Osborn C.I.
3:24-cv-00631
D. Conn.Mar 11, 2025Background
- Andre Jones, an inmate at Osborn Correctional Institution, filed a complaint in federal court and sought to proceed in forma pauperis (IFP).
- To qualify for IFP under 28 U.S.C. § 1915, plaintiffs must submit an affidavit of inability to pay the filing fee and a certified copy of their prison trust fund account statement for the past six months.
- Jones failed to submit the required prisoner authorization form with his initial IFP application and did not cure the deficiency despite two additional directions from Magistrate Judge Farrish.
- The court referenced that without a completed prisoner authorization, it cannot properly process the IFP request.
- The Court thus held the case in abeyance for 21 days to allow Jones to either pay the full filing fee or submit the missing authorization, warning that failure to do so would result in dismissal without prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for IFP status without full materials | Jones seeks IFP but omits required forms | (Not specified) | IFP denied without prejudice for missing authorization |
Key Cases Cited
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948) (explains the standard for determining inability to pay under IFP statutes)
