Schneller v. Crozer Chester Med , 201 F. App'x 864 ( 2006 )


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  •                                                                                                                            Opinions of the United
    2006 Decisions                                                                                                             States Court of Appeals
    for the Third Circuit
    10-26-2006
    Schneller v. Crozer Chester Med
    Precedential or Non-Precedential: Non-Precedential
    Docket No. 06-3018
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    Recommended Citation
    "Schneller v. Crozer Chester Med" (2006). 2006 Decisions. Paper 290.
    http://digitalcommons.law.villanova.edu/thirdcircuit_2006/290
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    DLD-13                                                    NOT PRECEDENTIAL
    UNITED STATES COURT OF APPEALS
    FOR THE THIRD CIRCUIT
    NO. 06-3018
    ________________
    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.
    CROZER CHESTER MEDICAL CENTER, d/b/a Taylor Hospital and Crozer-Keystone
    Health System; HERMAN MCGILL, M.D.; SUBURBAN PULMONARY MEDICINE,
    and principals; DANIEL DUPONT, D.O.; E. HEFFELFINGER, D.O.; GERALD MEIS,
    D.O.; GURPREET KOCHAR, M.D.; LALITHA GURIJALA, M.D.; MARJORIE
    ZITOMER; RICHARD SCHNELLER; T. SERGEANT PEPPER, ESQ.; HEPBURN,
    WILCOX, HAMILTON & PUTMANM 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-00698)
    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 16, 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).
    

Document Info

Docket Number: 06-3018

Citation Numbers: 201 F. App'x 864

Filed Date: 10/26/2006

Precedential Status: Non-Precedential

Modified Date: 1/12/2023