UNITED STATES DISTRICT COURT DISTRICT OF CONNECTICUT RICKEY LYNCH, ) CASE NO. 3:25-cv-00034 (KAD) Petitioner, ) ) v. ) ) DAREK PUZIO, ) JANUARY 15, 2025 Respondent. )

ORDER DENYING PETITIONER’S MOTION TO PROCEED IN FORMA PAUPERIS

Kari A. Dooley, United States District Judge: Before the Court is Petitioner Rickey Lynch’s Motion for Leave to Proceed in forma pauperis. He requests to proceed in this habeas action, brought pursuant to

, without paying the $5 filing fee. Pet’r.’s Mot., ECF No. 2. For the following reasons, this motion is DENIED. It is well settled that the decision 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),

, 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 petitioner’s ability to obtain the necessities of life or force him to abandon the action. Adkins v. E.I. DuPont de Nemours & Co.,

, 339–40 (1948); Potnick v. E. State Hosp.,

(2d Cir. 1983) (per curiam). Although not required, see Rule 3(a)(2) Governing Habeas Petitions (“a motion for leave to proceed in forma pauperis [must include] the affidavit required by

and a certificate from the warden or other appropriate officer of the place of confinement showing the amount of money … that the petitioner has in any account in the institution”), Lynch submitted his motion to proceed in forma pauperis using the District of Connecticut form titled “Prisoner’s Application to Proceed In Forma Pauperis in a Civil Rights Action,” Pet’r.’s Mot. at 1, and as directed therein attached a copy of his inmate trust fund statement for the past six months. See Pet’r.’s Mot. at 5; Account Statement, ECF No. 3. Lynch’s trust fund account statement shows that he has received $1,206.20 in deposits in

the last six months. Account Statement at 3. His average daily balance over the last six months is $49.86.

His current balance is $200.35,

, which is four times his average daily balance. Lynch indicates in his motion that he spends an average of $34.63 per month on commissary items. See Pet’r.’s Mot. at 3. Lynch lists no other expenses or financial obligations. See

Given the average daily balance of $49.86 in Lynch’s trust fund account, Account Statement at 3, and his average daily spend of $1.15 on commissary, see Pet’r.’s Mot. at 3, the Court finds that the burden of paying the $5 filing fee would neither hamper Lynch’s ability to obtain the necessities of life nor force him to abandon the action. Adkins, 335 U.S. at 339–40. Accordingly, Lynch’s Motion for Leave to Proceed in Forma Pauperis is DENIED. See Clark v. Pappoosha, No. 3:21CV1690 (CSH),

, 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); Koustas v. Williams, No. 3:18-CV-869 (VLB),

, at *5 (D. Conn. May 22, 2019) (finding that § 2241 petitioner was able to pay the required filing fee based on the total amount in his inmate account and his monthly income). All further proceedings in this matter shall be held in abeyance for twenty (20) days pending Lynch’s delivery of the filing fee in the amount of $5 (money order or bank check made payable to the Clerk of Court) to the Clerk’s Office, 915 Lafayette Boulevard, Bridgeport, CT 06604. Failure to tender the filing fee within twenty (20) days of the date of this Order, on or before February 4, 2025, will result in the dismissal of this action. SO ORDERED at Bridgeport, Connecticut, this 15th day of January 2024.

/s/ Kari A. Dooley KARI A. DOOLEY UNITED STATES DISTRICT JUDGE