Hammer v. Transportation Security Administration

Filing 4

MEMORANDUM AND ORDER granting 2 Motion for Leave to Proceed in forma pauperis; For the reasons set forth herein, the application to proceed in forma pauperis is GRANTED and the Court orders service of the Complaint withoutprepayment of the filing fee. The Clerk of the Court is directed to forward to the United States Marshal for the Eastern District of New York a copyof Plaintiffs Summons, Complaint, and this Order for service upon the Defendant without prepayment of fees. Furthermore, the Clerk is directed to mail a copy of this Order to the Plaintiff. ( Ordered by Judge Joanna Seybert on 10/15/2012.) c/m c/ecf (Fagan, Linda)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
VANESSA M. HAMMER,
Plaintiff,
MEMORANDUM AND ORDER
12-CV-4819(JS)(GRB)

-againstTRANSPORTATION SECURITY
ADMINISTRATION, U.S. Dept.
of Homeland Security Claims
Management Branch, Case
#2011111 588953,

Defendant.
----------------------------------X
APPEARANCES:
For Plaintiff:
Vanessa M. Hammer, Pro Se
58 Todd Drive North
Glen Head, NY 11545
For Defendant:

No appearance

SEYBERT, District Judge:
Presently pending before the Court is the Complaint
brought by pro se plaintiff Vanessa M. Hammer (“Plaintiff”) against
the Transportation Security Administration (“Defendant”) seeking to
recover personal property which Plaintiff claims was “misplaced”
and

missing

following

her

flight

aboard

American

Airlines.

Plaintiff’s Complaint is accompanied by an application to proceed
in forma pauperis.
Upon

review

of

the

declaration

in

support

of

the

application to proceed in forma pauperis, the Court determines that
the Plaintiff’s financial status qualifies her to commence this
action without prepayment of the $350.00 filing fee. See 28 U.S.C.
§§ 1914(a); 1915(a)(1).

Therefore, Plaintiff’s request to proceed

in forma pauperis is GRANTED.
Having reviewed the pro se Complaint, the undersigned
declines to conclude at this stage that the within action is
frivolous or malicious within the meaning of 28 U.S.C. § 1915.
While it may be that Plaintiff is unable to prevail on her claim,
the Court’s uncertainty does not justify dismissal at this early
juncture. McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004).
Accordingly, the application to proceed in forma pauperis is
GRANTED and the Court orders service of the Complaint without
prepayment of the filing fee.
The Clerk of the Court is directed to forward to the
United States Marshal for the Eastern District of New York a copy
of Plaintiff’s Summons, Complaint, and this Order for service upon
the Defendant without prepayment of fees.

Furthermore, the Clerk

is directed to mail a copy of this Order to the Plaintiff.
SO ORDERED.
/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated: October
15 , 2012
Central Islip, New York