Williams v. United States

Filing 4

ORDER denying 2 Motion for Leave to Proceed in forma pauperis: For the reasons in the attached Memorandum and Order, the Court directs Plaintiff to pay the filing fee of $400 to the Clerk of Court, Eastern District of New York, within f ourteen (14) days from the date of this Order, if she wishes to proceed with this action. If the filing fee is paid, the Clerk of Court shall prepare a summons and Plaintiff shall effect service pursuant to Rule 4 of the Federal Rules of Civil Proce dure. If Plaintiff fails to comply with this Order within the time allowed, this action will be dismissed without prejudice. Moreover, the form complaint filed by Plaintiff, which asserts a claim solely under the Federal Tort Claims Act (FTCA), ide ntifies the defendant as Juan R. Diaz. However, because the FTCA only authorizes suits against the United States and not against federal agencies or individuals, the only proper defendant for this action is the United States. Rivera v. United Sta tes, 928 F.2d 592, 609 (2d Cir. 1991) (The only proper federal institutional defendant in such an action is the United States.); 28 U.S.C. § 2679(a)(1) and (d)(1). The Clerk of Court is directed to amend the caption as set forth above. Ordered by Judge Pamela K. Chen on 4/15/2016. (Merin, Eric)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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LINDA WILLIAMS,

NOT FOR PUBLICATION

Plaintiff,
- against -

MEMORANDUM & ORDER
16-CV-1754 (PKC)

UNITED STATES,
Defendant. 1
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PAMELA K. CHEN, United States District Judge:
On April 7, 2016, Plaintiff Linda Williams, appearing pro se, filed this action under the
FTCA. For the reasons below, Plaintiff’s application to proceed in forma pauperis (“IFP”) is
denied. The Court directs Plaintiff to pay the filing fee of $400 within fourteen (14) days of the
date of this Order in order to proceed with this action.
“The purpose of the [IFP statute] is to insure that indigent persons have equal access to
the judicial system.” Davis v. N.Y.C. Dep’t of Educ., 10-CV-3812, 2010 WL 3419671, at *1
(E.D.N.Y. Aug. 27, 2010) (internal citations omitted). “[T]he court system depends on the
honest and forthrightness of applicants to ensure that the privilege [to proceed IFP] is not
abused.” Cuoco v. U.S. Bureau of Prisons, 328 F. Supp. 2d 463, 467 (S.D.N.Y. 2004) (internal
citations and quotations omitted). Under 28 U.S.C. § 1914, the filing fee to commence a civil
action is $350. Effective May 1, 2013, an additional $50 fee is now required for a total fee of
$400. The Court may waive these filings fees upon finding a plaintiff indigent. See Cabey v.
1

The form complaint filed by Plaintiff, which asserts a claim solely under the Federal
Tort Claims Act (“FTCA”), identifies the defendant as “Juan R. Diaz.” However, because the
FTCA only authorizes suits against the United States and not against federal agencies or
individuals, the only proper defendant for this action is the United States. Rivera v. United
States, 928 F.2d 592, 609 (2d Cir. 1991) (“The only proper federal institutional defendant in such
an action is the United States.”); 28 U.S.C. § 2679(a)(1) and (d)(1). The Clerk of Court is
directed to amend the caption as set forth above.

Atria Senior Living, 13-CV-3612, 2014 WL 794279, at *1 (E.D.N.Y. Feb. 26, 2014). Whether a
plaintiff qualifies for IFP status is within the discretion of the district court. Id.
Plaintiff’s financial form fails to establish that Plaintiff is unable to pay the Court’s filing
fee. According to Plaintiff’s application, she is currently employed with a take-home pay of
$39,822.12 annually and has $23,254.52 in her checking or savings account. (Dkt. 2 (“IFP
App.”) at 1-2.) 2 Thus, she has sufficient resources to pay the $400 filing fee to commence this
action, and Plaintiff’s IFP application is denied. The Court directs Plaintiff to pay the filing fee
of $400 to the Clerk of Court, Eastern District of New York, within fourteen (14) days from the
date of this Order, if she wishes to proceed with this action. If the filing fee is paid, the Clerk of
Court shall prepare a summons and Plaintiff shall effect service pursuant to Rule 4 of the Federal
Rules of Civil Procedure. If Plaintiff fails to comply with this Order within the time allowed,
this action will be dismissed without prejudice.
SO ORDERED.

s/ Pamela K. Chen
Pamela K. Chen
United States District Judge
Dated: Brooklyn, New York
April 15, 2016

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