Hunter v. Wells Fargo & Company

Filing 5

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis. Plaintiff's motion to proceed in forma pauperis is denied, and he is directed to pay the filing fee by Tuesday, June 12, 2012, or this action will be dismissed. So Ordered by Judge Joanna Seybert on 5/24/2012. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------X
JEFFREY HUNTER,
Plaintiff,
MEMORANDUM AND ORDER
12-CV-2278 (JS)(AKT)

-againstWELLS FARGO & COMPANY,
Defendant.
-----------------------------------X
APPEARANCES:
For Plaintiff:

Jeffrey Hunter, pro se
20 East Tiana Road
Hampton Bays, New York 11946

For Defendants:

No appearances.

SEYBERT, District Judge:
On

May

(“Plaintiff”)

7,

2012,

commenced

pro

this

se

plaintiff

action

pursuant

Jeffrey
to

Hunter

the

Age

Discrimination in Employment Act, as codified, 29 U.S.C. §§ 621634, as amended, and filed the instant application to proceed in
forma pauperis.
Plaintiff’s

Upon review of the declaration accompanying

application,

and

for

the

reasons

stated

below,

Plaintiff’s request to proceed in forma pauperis is denied.
Plaintiff states in his declaration that he has collected
$18,000 in unemployment benefits during the last twelve months and
reports that he presently has approximately $2,800.00 in a checking
and/or savings account. Plaintiff also states that he pays monthly
rent of $700.00 and that he does not financially support anyone
other than himself.
To qualify for in forma pauperis status, the Supreme

Court has long held that “an affidavit is sufficient which states
that one cannot because of his poverty pay or give security for the
costs [inherent in litigation] and still be able to provide himself
and dependents with the necessities of life.”

Adkins v. E.I. Du

Pont De Nemours & Co.,Inc., 335 U.S. 331, 339, 69 S. Ct. 85, 93 L.
Ed. 43 (1948) (internal quotation marks and citations omitted).
Plaintiff’s affidavit fails to meet this standard.
Accordingly, Plaintiff’s motion to proceed in

forma

pauperis is denied, and he is directed to pay the filing fee by
Tuesday, June 12, 2012, or this action will be dismissed.

SO ORDERED.
/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.
Dated:

May
24 , 2012
Central Islip, New York