Bourne et al v. The Administrative Office of the United States Courts et al

Filing 11

MEMORANDUM & ORDER: Plaintiff Robinson's application to proceed in forma pauperis is denied without prejudice to renew. Robinson must either file a completed long-form in forma pauperis application or pay the filing fee of $40 5 within fourteen days of this order's publication. If he fails to do so, he will be dismissed from this action without prejudice. The Court will take no action on any pending motions at this time. See ECF Nos. 4-7. The Court certifies pu rsuant to 28 U.S.C. § 1915(a)(3) that any appeal from this order would not be taken in good faith, and therefore denies in forma pauperis status for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). The Clerk of Court is directed to mail a copy of this order to Robinson, along with a long-form in forma pauperis application form. ORDER ATTACHED. Ordered by Judge Eric R. Komitee on 3/11/2025. (CFB)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
------------------------------------x
NAILAH FEMI BOURNE and GLADSTONE
ROBINSON JR.,

MEMORANDUM & ORDER
25-CV-1033 (EK)

Plaintiffs,
-againstTHE ADMINISTRATIVE OFFICE OF THE
UNITED STATES COURTS, et al.,
Defendants.
------------------------------------x
ERIC KOMITEE, United States District Judge:

Plaintiffs filed this action in the Southern District
of New York in February 2025.
been transferred to this Court.

ECF No. 1.

The case has since

ECF Nos. 8, 9.

Plaintiff

Robinson has applied to proceed in forma pauperis. 1

For the

reasons discussed below, Robinson’s application is denied
without prejudice to renew.
A court may waive filing fees upon finding that a
plaintiff is indigent.

28 U.S.C. § 1915(a).

A plaintiff

seeking to proceed in forma pauperis must submit an affidavit
stating that they are “unable to pay” filing fees “or give
security therefor.”

Id. § 1915(a)(1).

The plaintiff must also

1 Plaintiff Bourne did not file an in forma pauperis application.
The
Clerk of Court notified her that she must file such an application or pay the
Court’s filing fee by March 19, or her case may be dismissed. See ECF No.
10.

include a “statement of all assets” he or she possesses.

Id.

When an applicant “fails to explain how he supports himself,
courts generally regard his application as incomplete and
insufficient to establish an entitlement to in forma pauperis
status.”

Jones v. ACS/Queens Field Off., No. 23-CV-5742, 2024

WL 2818138, at *1 (E.D.N.Y. June 3, 2024). 2
Robinson’s financial declaration indicates that he
only has $23, and that his sole income source is a monthly
public benefit of “approximately $700 per month” received by the
“beneficiary of the estate known as Gladstone Robinson Junior.”
ECF No. 2, at 2. 3

In the section of the declaration dedicated to

monthly expenses, Robinson simply states: “It is discharged
annually by the Treasury.”

Id.

He does not, as the form

requires, provide the amounts for monthly expenses.

Without

that information, the Court cannot properly assess whether
Robinson is entitled to in forma pauperis status.

To the extent

Robinson relies on another person for support, he must say so.
Jones, 2024 WL 2818138, at *1.
Robinson’s application is thus “incomplete and
insufficient to establish an entitlement to in forma pauperis
Unless otherwise noted, when quoting judicial decisions this order
accepts all alterations and omits all citations, footnotes, and internal
quotation marks.
3 Robinson also lists himself as “Gladstone Robinson Junior, T[rus]tee”
in the caption of his IFP application. To the extent he seeks to proceed on
behalf of a trust, he is advised that “only a natural person may qualify for
treatment in forma pauperis under [28 U.S.C.] § 1915.” Rowland v. Cal. Men’s
Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 197 (1993).
2

status.”

Id.

Accordingly, the application is denied without

prejudice to renew.

Robinson must either file a completed long-

form in forma pauperis application or pay the filing fee of $405
within fourteen days of this order’s publication.

If he fails

to do so, he will be dismissed from this action without
prejudice.
The Court will take no action on any pending motions
at this time.

See ECF Nos. 4-7.

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 denies in forma
pauperis status for the purpose of an appeal.
United States, 369 U.S. 438, 444-45 (1962).

See Coppedge v.
The Clerk of Court

is directed to mail a copy of this order to Robinson, along with
a long-form in forma pauperis application form.

SO ORDERED.

/s/ Eric Komitee__________
ERIC KOMITEE
United States District Judge
Dated:

March 11, 2025
Brooklyn, New York