Opinions of the United
2006 Decisions States Court of Appeals
for the Third Circuit
10-26-2006
Schneller v. Fox Subacute Clara
Precedential or Non-Precedential: Non-Precedential
Docket No. 06-3036
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Recommended Citation
"Schneller v. Fox Subacute Clara" (2006). 2006 Decisions. Paper 289.
http://digitalcommons.law.villanova.edu/thirdcircuit_2006/289
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DLD-11 NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
NO. 06-3036
____________
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
v.
FOX SUBACUTE AT CLARA BURKE; GARY DRIZIN, M.D.; DEBBIE MCCOY,
R.N.; MARJORIE ZITOMER; G. RICHARD SCHNELLER; T. SERGEANT PEPPER,
Esq.; HEPBURN, WILCOX, HAMILTON & PUTNAM LLP; PENNSYLVANIA
DEPARTMENT OF AGING, Pennsylvania Department of Health, Division of Nursing
Care Facilities, Norristown Field Office; GARY LAYMAN; JUDITH FOLAN;
SAMUEL J. TRUEBLOOD, Esq.; TRUEBLOOD & AMACHER, L.L.P.
James D. Schneller, Appellant
____________________________________
On Appeal From the United States District Court
For the Eastern District of Pennsylvania
(D.C. Civ. No. 06-cv-01504)
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 April 10, 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. While the trust capital
was over $200,000, it is not clear from the submissions whether Schneller could access
these funds. 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).