Sandowski v. Kelly et al

Filing 5

ORDER DENYING Plaintiff's Motion for Leave to Proceed In Forma Pauperis. "Accordingly, the Application is denied without prejudice 2 . Sandowski may file another Application that completely fills out the form concerning his ability to prep ay costs or give security therefor. Any further Application should be filed no later than October 5, 2017. Failure to file a completed Application or to pay the appropriate filing fee by that date will result in the automatic dismissal of this case f or failure to pay the filing fee." Signed by JUDGE SUSAN OKI MOLLWAY on 9/21/17. (cib, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received this document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Participants not registered to receive electronic notifications were served by first class mail on the date of this docket entry. Copy of Order Denying IFP mailed to pro se plaintiff

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
RICHARD J. SANDOWSKI,

)
)
Plaintiff,
)
)
vs.
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JOHN F. KELLY, et al.
)
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Defendants.
_____________________________ )

Civ. No. 17-00469 SOM-RLP
ORDER DENYING PLAINTIFF’S
MOTION TO PROCEED IN FORMA
PAUPERIS

ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS
On September 19, 2017, Plaintiff Richard J. Sandowski
filed a complaint (“Complaint”) and an Application to Proceed in
the District Court Without Prepaying Fees or Costs
(“Application”).

For the court to grant the Application,

Sandowski must establish that he is a pauper.

To do so,

Sandowski must submit an affidavit that includes a statement of
the assets Sandowski possesses and a statement that Sandowski is
unable to pay the cost of this proceeding or give security
therefor.

28 U.S.C. § 1915(a)(1).
Sandowski’s Complaint asserts violations of Title VII

of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e
et seq., in connection with Sandowski’s former job as a
Transportation Security Screener with the Transportation
Security Administration (“TSA”).

The Complaint alleges that TSA

employees engaged in discriminatory conduct against Sandowski
based on his race and religion between October 2004 and August

2006.

Appended to the Complaint is a copy of a decision by the

Equal Employment Opportunity Commission (“EEOC”) dated July 7,
2017, in which the EEOC upheld an Administrative Judge’s
determination that found no unlawful discrimination against
Sandowski by the TSA.

The EEOC’s decision notified Sandowski

that he had ninety (90) calendar days from the receipt of the
decision to bring a civil action in U.S. District Court.

See 42

U.S.C. § 2000e-(f)(1) (West 2017).
Concurrent with the filing of the Complaint, Sandowski
filed the Application.

However, the Application was not

completely filled out.

Sandowski indicates, for example, that

he presently works as an Enrollment Agent at Morpho Trust USA in
Hilo, Hawaii, but he does not state what his pay or wages are.
Sandowski also does not say whether he receives income from
sources other than his employment, and neglects to provide the
value (if any) of cars, real estate, jewelry, or financial
instruments that he owns.

Finally, although Sandowski indicates

that he makes a monthly mortgage payment and supports two
dependents, he does not list the amount of those expenses.
Under these circumstances, Sandowski has failed to
demonstrate that he cannot afford to prepay the costs of
initiating this action.
without prejudice.

Accordingly, the Application is denied

Sandowski may file another Application that

completely fills out the form concerning his ability to prepay
2

costs or give security therefor.

Any further Application should

be filed no later than October 5, 2017.

Failure to file a

completed Application or to pay the appropriate filing fee by
that date will result in the automatic dismissal of this case
for failure to pay the filing fee.
Additionally, if Sandowski chooses to file another
Application, he is advised that the court would find it useful
if he appended a copy of the EEOC Administrative Judge’s
decision in favor of the TSA.

However, Sandowski is not

required to append such a copy in order to bring this suit.
IT IS SO ORDERED.
DATED: Honolulu, Hawaii, September 21, 2017.

/s/ Susan Oki Mollway
Susan Oki Mollway
United States District Judge
Sandowski v. Kelly et al., Civil No. 17-00469 SOM-RLP; ORDER DENYING
PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS

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