Hinds v. Chexsystem Consumer Relations et al

Filing 6

ORDER re: 1 Motion for Leave to Proceed in forma pauperis is GRANTED and the Court ORDERS service of the Summonses and Complaint by the USMS. The Clerk of the Court shall forward the Summonses, the Complaint, and this Order to the USMS for service. The Court certifies that any appeal from this Order would not be taken in good faith and in forma pauperis status is DENIED for the purpose of any appeal. Ordered by Judge Joanna Seybert on 3/12/2014. (C/M Plaintiff) (Nohs, Bonnie)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
----------------------------------X
CHANENE HINDS,
Plaintiff,
-against-

ORDER
14-CV-00342(JS)(ARL)

CHEXSYSTEM and BANK OF
AMERICA MISSOURI,
Defendants.
-----------------------------------X
APPEARANCES
For Plaintiff:
Chanene Hinds, pro se
62 East Centennial Avenue
Roosevelt, NY 11575
For Defendants:

No appearance

SEYBERT, District Judge:
On January 7, 2014, pro se plaintiff Chanene Hinds
(“Plaintiff”) filed a Complaint pursuant to the Fair and Accurate
Credit Transactions Act of 2003 (“FACTA”), Pub. L. No. 108-159,
§ 1, 117 Stat. 1952, and the Fair Credit Reporting Act (“FCRA”), 15
U.S.C. §§ 1681 et seq.1 in the United States District Court for the
Southern District of New York (“S.D.N.Y.”) against

Chexsystem and

Bank of America Missouri (together, “Defendants”). Plaintiff’s
Complaint was accompanied by an application to proceed in forma
pauperis.

By Transfer Order dated January 14, 2014, Chief Judge

Loretta A. Preska of the S.D.N.Y. transferred Plaintiff’s Complaint
to this Court, and left the determination of Plaintiff’s in forma
pauperis application to this Court.
1

“FACTA was passed in 2003 as an amendment to the FCRA.” Kivo v.
Blumberg Exelsior, Inc., No. 13-CV-4170, 2013 WL 6064229, *1 (E.D.N.Y.
Nov. 16, 2013).

Accordingly, upon review of Plaintiff’s declaration in
support of her application to proceed in forma pauperis, the Court
finds that Plaintiff’s financial status qualifies her to commence
this action without prepayment of the filing fees.
§ 1915(a)(1).

See 28 U.S.C.

Accordingly, Plaintiff’s application to proceed in

forma pauperis is GRANTED and the Court orders service of the
Complaint by the United States Marshal Service (“USMS”) without
prepayment of the filing fee.
CONCLUSION
For the reasons set forth above, the application to
proceed in forma pauperis is GRANTED, and the Court ORDERS service
of the Summonses and Complaint by the USMS.

The Clerk of the Court

shall forward the Summonses, the Complaint, and this Order to the
USMS and the USMS shall serve the Defendants.
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 in forma pauperis status is DENIED for the purpose of
any appeal.

See Coppedge v. United States, 369 U.S. 438, 444-45,

82 S. Ct. 917, 8 L. Ed. 2d 21 (1962).
The Clerk of the Court is further directed to mail a copy
of this Order to the pro se Plaintiff.
SO ORDERED.

Dated: March
12 , 2014
Central Islip, New York

/s/ JOANNA SEYBERT
Joanna Seybert, U.S.D.J.