Gorbea v. Verizon NY Inc

Filing 3

MEMORANDUM AND ORDER: Plaintiff's application establishes that she has sufficient resources to pay the $350 filing fee to commence this action, and her 2 request to proceed IFP is therefore denied. Accordingly, plaintiff must pa y the $350 filing fee within 14 days of the date of this Order in order to proceed further. No summons shall issue at this time and all further proceedings shall be stayed for 14 days or until plaintiff has complied with this Order. If plaint iff fails to pay the filing fee within the time allowed, the instant complaint shall be dismissed without prejudice. The Court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP sta tus is denied for the purpose of any appeal. The Clerk of Court is directed to serve a copy of this Memorandum and Order on plaintiff and note service on the docket. SO ORDERED by Judge Kiyo A. Matsumoto, on 8/11/2011. C/mailed to pro se Plaintiff. (Latka-Mucha, Wieslawa)

FILED
IN CLERK'S OFFICE
U.S. DISTRICT COURT ED.NY

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

AUG 1 1 2011

DO~~~FICE

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SONYA GORBEA,

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MEMORANDUM AND ORDER
11 CV 3758 (KAM) (LB)
Plaintiff,

-against-

VERIZON NY INC.,
Defendant.

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MATSUMOTO, United States District Judge:
Plaintiff Sonya Gorbea brings this action against defendant alleging
violations of the Americans with Disabilities Act of 1990. Plaintiff seeks to proceed in

forma pauperis ("IFP") pursuant to 28 U.S.C. § 1915. For the reasons set forth below,
plaintiff is directed to pay the statutory filing fee of$350 within fourteen (14) days of the
date of this Order in order to proceed with this action.
The purpose of the statute pennitting litigants to proceed IFP is to insure
that indigent persons have equal access to the judicial system. Davis v. NYC Dep't of
Educ., No. 10-CV-3812, 2010 WL 3419671, at *1 (E.D.N.Y. Aug. 27, 2010) (citing
Gregory v. NYC Health & Hosps. Corp., No. 07-CV-1531, 2007 WL 1199010, at *1
(E.D.N.Y. Apr. 17,2007)); Cuoco v. U.S. Bureau of Prisons, 328 F. Supp. 2d 463, 467
(SD.N.Y. 2004). Section 1915 of Title 28 of the United States Code authorizes a court to
dismiss a case brought by a plaintiff requesting to proceed IFP if the "allegation of poverty
is untrue." 28 U.S.C. § 1915(e)(2)(A). Courts have found that the "purpose of this
provision is to 'weed out the litigants who falsely understate their net worth in order to

obtain [IFP] status when they are not entitled to that status based on their true net worth. ",
Hobbs v. County of Westchester, No. 00 Civ. 8170,2002 WL 868269, at *2 (S.D.N.Y.
May 3,2002) (quoting Attwood v. Singletary, 105 F.3d 610,613 (lIth Cir. 1997)); accord
Matthews v. Gaither, 902 F.2d 877,881 (lIth Cir. 1990). The question of whether a
plaintiff qualifies for IFP status is within the discretion of the district court. DiGianni v.
Pearson Educ .. No. 1O-CV-206, 2010 WL 1741373, at *1 (E.D.N.Y. Apr. 30,2010) (citing
Choi v. Chemical Bank, 939 F.Supp. 304,308 (S.D.N.Y. 1996)).
The financial declaration form that plaintiff has submitted does not satisfy
the court that she is unable to pay the court's filing fee to commence this action. Plaintiff
states that she has $15,000.00 in cash and/or in a checking or saving account. (ECF No.2,
Application to Proceed in District Court without Prepaying Fees or Costs ("IFP App.") at ~
4, dated August 2,2011.) Moreover, plaintiff states that she receives $400.00 per week in
workers compensation benefits; $1929.00 in rental payments over the past year; and
$1,100.00 for living expenses. (IFP App. at 3.) For expenses, plaintiff alleges that she has
a mortgage and credit card debt. (Id. at ~ 8.) Plaintiffs application establishes that she has
sufficient resources to pay the $350 filing fee to commence this action, and her request to
proceed IFP is therefore denied.
Accordingly, plaintiff must pay the $350 filing fee within fourteen (14) days
of the date of this Order in order to proceed further. No summons shall issue at this time
and all further proceedings shall be stayed for fourteen (14) days or until plaintiff has
complied with this Order. Ifplaintifffails to pay the filing fee within the time allowed, the
instant complaint shall be dismissed without prejudice. The court certifies pursuant to 28
U.S.C. § 1915(a)(3) that any appeal would not be taken in good faith and therefore IFP
2

status is denied for the purpose of any appeal. Coppedge v. United States, 369 U.S. 438,
444-45 (1962). The Clerk of Court is directed to serve a copy ofthis Memorandum and
Order on plaintiff and note service on the docket.

r

SO ORDERED.

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KIYO MATSUMOTO
United States District Judge
Dated: August 11,2011
Brooklyn, New York

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