UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK
March 14, 2006
JOSHUA LINER, PLAINTIFF,
GLENN GOORD, ET AL., DEFENDANTS.
The opinion of the court was delivered by: David G. Larimer United States District Judge
On March 10, 2006, Joshua Liner ("Liner"), proceeding pro se, requested leave to proceed in forma pauperis on appeal from a jury verdict, returned February 16, 2006, of No Cause of Action on his civil rights claim brought pursuant to 42 U.S.C. § 1983. Judgment was entered on February 16, 2006.
The motion must be denied. Although Liner has submitted what appears to be a record of his current inmate account, this conflicts with what Liner said in open court to the jury when he made his pro se closing argument on February 13, 2006. During that argument in attempting to explain that his case was not about money, Liner said "I don't need no more [money]. I have $23,000 in my account when I started, $23,000 in my account. It cost me $400 to prosecute these things, $400." (Trial Transcript).
Therefore, because Liner stated in open court to the jury less than a month ago that he had $23,000 in his account, and because Liner did not prosecute these cases in the district court, but paid the full filing fees of $405 for this action, and another 98-CV-6343, plaintiff Joshua Liner's motion to proceed in forma pauperis (Dkt. #90) is denied.
IT IS SO ORDERED.
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