Aquino v. Legal Aid Society of Nassau County, NY et al

Filing 13

MEMORANDUM & ORDER denying 8 Motion for Leave to Proceed in forma pauperis; denying 11 Motion for Pre Motion Conference; For the reasons set forth above, Plaintiff's application to proceed in forma pauperis is DENIED WITHOUT PREJUDICE to a renewal thereof upon completion of the enclosed application to proceed in forma pauperis. Plaintiff is directed to either remit the $400.00 filing fee or complete and return the enclosed in forma pauperis application within fourteen (14) days from the date of this Order. Plaintiff is cautioned that a failure to timely comply with this Order will lead to the dismissal of the Complaint without prejudice. The letter motion by the District requesting that the Court either schedule a pre-mot ion conference in anticipation of moving to dismiss the Complaint, or, in the alternative, dispensing with such conference and permitting the Nassau County District Court's motion to dismiss, filed on December 14, 2016, to stand is DENIED WITHOU T PREJUDICE to a renewal thereof upon resolution of the Plaintiff's application to proceed in forma pauperis, as set forth above. 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. So Ordered by Judge Joanna Seybert on 1/31/2017. Attachments: # 1 IFP Long Form AO239. (Valle, Christine)

Page 1 of 5
AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

UNITED STATES DISTRICT COURT
for the
__________ District of __________
)
)
)
)
)

Plaintiff/Petitioner
v.
Defendant/Respondent

Civil Action No.

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS
(Long Form)
Affidavit in Support of the Application

Instructions

I am a plaintiff or petitioner in this case and declare
that I am unable to pay the costs of these proceedings
and that I am entitled to the relief requested. I declare
under penalty of perjury that the information below is
true and understand that a false statement may result in
a dismissal of my claims.

Complete all questions in this application and then sign it.
Do not leave any blanks: if the answer to a question is “0,”
“none,” or “not applicable (N/A),” write that response. If
you need more space to answer a question or to explain your
answer, attach a separate sheet of paper identified with your
name, your case's docket number, and the question number.

Signed:

Date:

1.

For both you and your spouse estimate the average amount of money received from each of the following
sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly,
semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions
for taxes or otherwise.
Income source

Employment
Self-employment
Income from real property (such as rental income)
Interest and dividends
Gifts
Alimony
Child support

Average monthly income
amount during the past 12
months
You
Spouse

Income amount expected
next month
You

Spouse

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

$

Page 2 of 5
AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

Retirement (such as social security, pensions, annuities,

Public-assistance (such as welfare)
Other (specify):
Total monthly income:
2.

$

$

$

$

$

$

$

$

$

$

$

$

$

Unemployment payments

$

$

Disability (such as social security, insurance payments)

$

$

insurance)

$

$

$

$

0.00 $

0.00 $

0.00 $

0.00

List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or
other deductions.)

Employer

Address

Dates of employment

Gross
monthly pay
$
$

3.

List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before
taxes or other deductions.)

Employer

Address

Dates of employment

Gross
monthly pay
$
$
$

4.

How much cash do you and your spouse have? $
Below, state any money you or your spouse have in bank accounts or in any other financial institution.

Financial institution

Type of account

Amount you have

Amount your
spouse has

$

$

$

$

$

$

If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts,
expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts,
perhaps because you have been in multiple institutions, attach one certified statement of each account.

Page 3 of 5
AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

5.

List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary
household furnishings.
Assets owned by you or your spouse
$

Home (Value)
Other real estate (Value)

$
$

Motor vehicle #1 (Value)
Make and year:
Model:

Registration #:
Motor vehicle #2 (Value)

$

Make and year:
Model:

Registration #:
Other assets (Value)

$

Other assets (Value)

$

6.

State every person, business, or organization owing you or your spouse money, and the amount owed.

Person owing you or your spouse
money

Amount owed to you

Amount owed to your spouse

$
$

$

$
7.

$

$

State the persons who rely on you or your spouse for support.

Name (or, if under 18, initials only)

Relationship

Age

Page 4 of 5
AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

8.

Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your
spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the
monthly rate.
You

Your spouse

Rent or home-mortgage payment (including lot rented for mobile home)
Are real estate taxes included?
Yes
No
Is property insurance included?
Yes
No

$

$

Utilities (electricity, heating fuel, water, sewer, and telephone)

$

$

Home maintenance (repairs and upkeep)

$

$

Food

$

$

Clothing

$

$

Laundry and dry-cleaning

$

$

Medical and dental expenses

$

$

Transportation (not including motor vehicle payments)

$

$

Recreation, entertainment, newspapers, magazines, etc.

$

$

Homeowner's or renter's:

$

$

Life:

$

$

Health:

$

$

Motor vehicle:

$

$

Other:

$

$

$

$

Motor vehicle:

$

$

Credit card (name):

$

$

Department store (name):

$

$

Other:

$

$

$

$

Insurance (not deducted from wages or included in mortgage payments)

Taxes (not deducted from wages or included in mortgage payments) (specify):
Installment payments

Alimony, maintenance, and support paid to others

Page 5 of 5
AO 239 (01/09) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

Regular expenses for operation of business, profession, or farm (attach detailed
Other (specify):
Total monthly expenses:
9.

$
$

$

0.00

$

0.00

Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the
next 12 months?
Yes

10.

$
$

statement)

No

If yes, describe on an attached sheet.

Have you paid — or will you be paying — an attorney any money for services in connection with this case,
including the completion of this form?
Yes
No
If yes, how much? $
If yes, state the attorney's name, address, and telephone number:

11.

Have you paid — or will you be paying — anyone other than an attorney (such as a paralegal or a typist) any money
for services in connection with this case, including the completion of this form?
Yes
No
If yes, how much? $
If yes, state the person's name, address, and telephone number:

12.

Provide any other information that will help explain why you cannot pay the costs of these proceedings.

13.

Identify the city and state of your legal residence.

Your daytime phone number:
Your age:

Your years of schooling:

Last four digits of your social-security number: