Pouparina v. HSBC Bank USA

Filing 4

ORDER denying 3 Motion for Leave to Proceed in forma pauperis. Amended Pleadings due by 5/3/2018. Signed by Judge Robert N. Scola, Jr on 4/19/2018. (vmz)

United States District Court
for the
Southern District of Florida
Yesenia Pouparina, Plaintiff,
v.
HSBC Bank USA, Defendant.

)
)
) Civil Action No. 18-21515-Civ-Scola
)
)

Order Denying Motion to Proceed In Forma Pauperis
Yesenia Pouparina filed this lawsuit against HSBC Bank USA, asserting
various claims which she appears to allege arise under federal law. She has
asked to proceed in forma pauperis—in other words, without prepaying the filing
fee. (Mot. for Leave to Proceed Without Prepaying Fees, ECF No. 3.)
A federal court may authorize a person to commence a lawsuit without
having to prepay court fees, if the person is unable to pay. 28 U.S.C. §
1915(a)(1). The requesting plaintiff must submit an affidavit disclosing her assets
and liabilities in support of the assertion that she is not able to pay. (Id.) Based
on deficiencies in Pouparina’s submission, the Court is unable to discern if she
indeed satisfies these financial eligibility requirements.
In her application, Pouparina indicates she receives income from
“business, profession, or other self-employment” as well as “other sources.” (Pl.’s
Application, ECF No. 3, 1.) The form she submitted directs the applicant to
“describe . . . each source of money and state the amount . . . received and what
[is] expect[ed] . . . in the future.” (Id.) Pouparina has not supplied the requested
information. She also lists no monthly expenses, debts, or financial obligations.
Thus, although Pouparina declares she is “unable to pay the costs of these
proceedings,” the Court is unable to evaluate her application without this
information. The Court thus finds Pouparina’s application insufficient to provide
an adequate basis for an IFP determination and therefore denies her motion,
albeit without prejudice. (ECF No. 3.)
Pouparina must submit an amended application and must provide all the
information requested on the Court’s form, particularly the amounts she
receives, and has received, in income. She must file her amended application on
or before May 3, 2018 or her complaint may be dismissed for failing to comply
with this Court’s orders.
Done and ordered at Miami, Florida, on April 19, 2018.
Copy via U.S. mail to:
Yesenia Pouparina
1221 Obispo Avenue
Coral Gables, FL 33134

________________________________
Robert N. Scola, Jr.
United States District Judge