Momperousse v. Jetblue Airways Corporation

Filing 5

ORDER denying 4 Motion for Leave to Proceed in forma pauperis, pursuant to the annexed Order. Ordered by Magistrate Judge Peggy Kuo on 3/24/2017. (Feldman, Shira)

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UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK --------------------------------------------------------------------X CHARLENE MOMPEROUSSE, Plaintiff, ORDER 17-CV-1527 (FB)(PK) -againstJETBLUE AIRWAYS CORPORATION, Defendant. ---------------------------------------------------------------X Peggy Kuo, United States Magistrate Judge: Plaintiff Charlene Momperousse requests leave to proceed in forma pauperis in this action, pursuant to 28 U.S.C. § 1915. (Dkt. 4.) Plaintiff’s request is denied. The federal in forma pauperis statute provides that “any court in the United States may authorize the commencement, prosecution or defense of any suit . . . without prepayment of fees or security thereof, by a person who submits an affidavit that . . . the person is unable to pay such fees or give security thereof.” 28 U.S.C. § 1915 (emphasis added). However, when counsel commences a civil action on a plaintiff’s or plaintiffs’ behalf, that counsel generally assumes the costs of the litigation. Plaintiff has counsel in this action and, moreover, some of her claims arise under statutes with fee-shifting provisions. If the action is resolved in Plaintiff’s favor, counsel will recover the costs. SO ORDERED: Peggy Kuo PEGGY KUO United States Magistrate Judge Dated: Brooklyn, New York March 24, 2017

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