2006 Decisions

Opinions of the United

States Court of Appeals

for the Third Circuit

10-26-2006

Schneller v. Prospect Park

Precedential or Non-Precedential: Non-Precedential

Docket No. 06-3067

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Recommended Citation

"Schneller v. Prospect Park" (2006). 2006 Decisions. Paper 288.

http://digitalcommons.law.villanova.edu/thirdcircuit_2006/288
DLD-12 NOT PRECEDENTIAL

UNITED STATES COURT OF APPEALS

FOR THE THIRD CIRCUIT

NO. 06-3067

________________

JAMES D. SCHNELLER, Heirs and Beneficiaries of Marjorie C. Schneller, by James D.

Schneller, Trustee Ad Litem; ESTATE OF MARJORIE SCHNELLER, by and through

James D. Schneller, Trustee Ad Litem; MARJORIE ZITOMER, Executrix of the Estate

of Marjorie Schneller; ESTATE OF GEORGE H. SCHNELLER, by and through

personal representative James D. Schneller

v.

PROSPECT PARK NURSING AND REHABILITATION CENTER, It’s owners and

employees, including; MONICA RENDELL, R.N.; FRAN DOE, R.N. said last name

being fictitious and unknown; HERMAN MCGILL, M.D.; SUBURBAN PULMONARY

MEDICINE, and principals; DANIEL DUPONT, D.O.; E. HEFFELFINGER, D.O.;

GERALD MEIS, D.O.; MARJORIE ZITOMER; RICHARD SCHNELLER; T.

SERGEANT PEPPER, Esq.; HEPBURN, WILCOX, HAMILTON & PUTNAM LLP

James D. Schneller, Appellant

____________________________________

On Appeal From the United States District Court

For the Eastern District of Pennsylvania

(D.C. Civ. No. 06-cv-00545)

District Judge: Honorable Lawrence F. Stengel

_______________________________________

Submitted For Possible Dismissal Under 28 U.S.C. § 1915(e)(2)(B)

October 13, 2006

Before: FUENTES, VAN ANTWERPEN and CHAGARES, CIRCUIT JUDGES

(Filed: October 26, 2006)

____________________

 OPINION

____________________
PER CURIAM

Appellant, James Schneller, appeals from the District Court’s denial of his

motion to proceed in forma pauperis. We exercise jurisdiction pursuant to 28 U.S.C. §

1291 and review the District Court’s determination for abuse of discretion. See Jones v.

Zimmerman, 752 F.2d 76, 78 (3d Cir. 1985). 

Schneller brought this action and two companion cases against various

healthcare providers, state agencies, and attorneys for alleged wrongdoing related to the

deaths of his parents in 2001 and 2002. He filed a Motion to Proceed In Forma Pauperis

in the District Court on February 3, 2006, stating that he had no cash savings or valuable

property, and that distributions from a spendthrift trust constituted his only income. This

trust reportedly made direct payments for his rent, utilities, and health insurance, and

distributed $100 per week to Schneller for additional expenses. The District Court denied

this motion on April 18, pointing out that Schneller spent most of his discretionary

income on costs related to ongoing cases he had brought in state court. Schneller filed a

notice of appeal on June 8 and was granted leave by this Court to proceed with his appeal

in forma pauperis. 

After a thorough and careful review of the record, we are not convinced that

the District Court abused its discretion in denying leave to proceed in forma pauperis

Accordingly, we will dismiss this appeal under 28 U.S.C. § 1915(e)(2)(B).