El-Bey v. Anna M. Kross Correction Facility et al et al

Filing 4

MEMORANDUM AND ORDER: Since plaintiff refuses to disclose any financial information, the court does not have the information it needs in order to make a finding of indigence and waive the filing fee. Thus, the Court declines to grant in forma pauperis status at this time. The Court directs plaintiff to submit an amended request to proceed in forma pauperis or pay the filing fee to the Clerk of Court within 14 days from the date of this Order. In the alternative, plaintiff may withdraw this action by informing the court in writing within 14 days. If plaintiff fails to comply with this Order within the time allowed, the action shall be dismissed. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appea l from this Order would not be taken in good faith and therefore in forma pauperis status is denied for purpose of an appeal. SO ORDERED by Judge Allyne R. Ross, on 5/22/2013. C/mailed by Chambers to pro se Plaintiff. (Latka-Mucha, Wieslawa)

r>/F
FU-ED

IN cl.StK'S OFFICE
U.S. DlSTRi'cT COURT e.O.N.Y.

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK

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* M~22 2013 *
BROOKLYN OFFICE

STANLEY ARISTILDE EL-BEY,
MEMORANDUM
AND ORDER
13-CV-2956 (ARR)(LB)

Plaintiff,
-againstANNA M. KROSS CORRECTION FACILITY
et aI.,
Defendants.

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Ross, United States District Judge:
Pro se plaintiff Stanley Aristilde EI-Bey filed this action against the Anna M. Kross
Correction Facility at Rikers Island and a host of "Trafficking Agents ... listed and unlisted."
Dkt. #1. The complaint appears to be an action filed under 42 U.S.C. § 1983 alleging
constitutional violations stemming from plaintiff s prior incarceration. Plaintiff requests to
proceed in forma pauperis; however, he states that his financial information is "private." Dkt.
#2, at 1-2. Under 28 U.S.C. § 1915, the court may waive the filing fee upon finding a plaintiff
indigent. Since plaintiff refuses to disclose any financial information, the court does not have the
information it needs in order to make a finding of indigence and waive the filing fee. Thus, the
court declines to grant in forma pauperis status at this time. In order to proceed with this action,
plaintiff must either file an amended request to proceed in forma pauperis in which he provides
the requested information, or pay the filing fee'of $350, see 28 U.S.C. § 1914, and the $50
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general administrative fee to the Clerk of Court. Re-filing must be completed within fourteen
days of the date of this order. If plaintiff fails to comply with this order within the time allowed,
the action shall be dismissed.

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Plaintiff is also advised that the complaint as currently pleaded does not state a claim on

which relief can be granted. To survive dismissal, a complaint must plead "enough facts to state
. a claim to relief that is plausible on its face." Bell Atl. Corp. v. Twombly, 550 U.S. 544, 570
(2007) (emphasis added). "A claimnas facial !plausibility when the plaintiff pleads factual

content that allows the court to draw the reasonable inference that the defendant is liable for the
misconduct alleged." Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009) (emphasis added). The
complaint here appears to raise various causes of action including denial of due process,
unlawful seizure, and excessive bail, Dkt. # I, at I, but does not allege any facts that would
permit the court to infer that the defendants are liable for the violations alleged. Therefore, if
plaintiff wishes to proceed, he will need to file an amended complaint stating the facts that
support his claims.

CONCLUSION
The court directs plaintiff to submit an amerided request to proceed in forma pauperis or
pay the filing fee to the Clerk of Court within fourteen days from the date of this order. In the
alternative, plaintiff may withdraw this action by informing the court in writing within fourteen
days. If plaintiff fails to comply with this order within the time allowed, the action shall be
dismissed. The court certifies pursuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order
would not be taken in good faith and therefore in forma pauperis status is denied for purpose of
an appeal. Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.

/S/ Judge Allyne R. Ross
Allyne R. RO~
~
United States lstnct Judge

Dated: Brooklyn, New York
May 22,2013
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Service List:
Stanley Aristilde EI-Bey
1653 Brooklyn Ave.
Brooklyn, NY 11210

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