Ware v. Stumpf et al

Filing 7

MEMORANDUM & ORDER denying Motion for Leave to Proceed in forma pauperis; Upon review of the declaration accompanying Plaintiff's application to proceed in forma pauperis, the Court finds that Plaintiff's financial status disqualifies he r from commencing this action without prepayment of the filing fee. Accordingly, Plaintiff is directed to pay the $400.00 filing fee within two (2) weeks of the date of this Order or this action will be dismissed without prejudice. The Court c ertifies 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. The Clerk of the Court is directed to mail a copy of this Order to pro se Plaintiff. So Ordered by Judge Joanna Seybert on 6/6/2017. C/M (Valle, Christine)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
-----------------------------------X
VICKY WARE,
Plaintiff,

MEMORANDUM AND ORDER
17-CV-0725(JS)(GRB)

-againstJOHN C. STUMPF, business and
personal capacity, and
WELLS FARGO BANK, N.A.,
Defendants.
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APPEARANCES
For Plaintiff:
Vicky Ware, pro se
80 Patton Avenue
Wyandanch, NY 11798
For Defendants:

No appearance

SEYBERT, District Judge:
On

December

23,

2016,

pro

se

plaintiff

Vicky

Ware

(“Plaintiff”) filed a Complaint in the United States District Court
for the Southern District of New York (the “Southern District”)
together with an application to proceed in forma pauperis.
Docket Entry 1.)

(See,

By Transfer Order dated January 31, 2017, the

action was transferred to this Court, and, on February 8, 2017, was
assigned to the undersigned.

The Southern District reserved for

this Court the determination of Plaintiff’s application to proceed
in forma pauperis.
Upon review of the declaration accompanying Plaintiff’s
application to proceed in forma pauperis, the Court finds that
Plaintiff’s financial status disqualifies her from commencing this
action without prepayment of the filing fee.

See 28 U.S.C.

§ 1915(a)(1).

Accordingly, Plaintiff is directed to pay the

$400.00 filing fee within two (2) weeks of the date of this Order
or this action will be dismissed without prejudice.
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. Plaintiff avers
that she earned approximately $7,000 per month until January 22,
2017, claims to have $28,000.00 in a savings and checking account,
and reports to have approximately $29,000.00 in a 457 Deferred
Compensation Retirement Plan.
Appl. ¶¶ 2-5.)
$535.00.

(See Plaintiff’s In Forma Pauperis

Plaintiff lists regular monthly expenses totaling

(See Plaintiff’s In Forma Pauperis Appl. ¶ 6.)

Given

Plaintiff’s financial position as set forth in her declaration, her
motion to proceed in forma pauperis is DENIED, and she is directed
to pay the $400.00 filing fee within two (2) weeks of the date of
this Order or this action will be dismissed without prejudice.
In addition, Plaintiff is cautioned that, insofar as she
seeks to challenge a state court mortgage foreclose action bearing
Index Number 611833/2016, such relief is unavailable in this Court
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and the Rooker-Feldman doctrine may bar her claims.

Finally,

because it also appears that Plaintiff may seek to have this Court
intervene in an on-going mortgage foreclosure action pending in the
New

York

State

Supreme

Court,

Suffolk

County

(Index

No.

611833/2016) it is likely that this Court must abstain.
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 directed to mail a copy of this
Order to pro se Plaintiff.
SO ORDERED.
/s/ JOANNA SEYBERT
JOANNA SEYBERT, U.S.D.J.
Dated: June
6 , 2017
Central Islip, New York

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