Huynh v. Saul

Filing 5

ORDER: For the reasons that follow (PLEASE SEE ORDER FOR FURTHER DETAILS), the 2 application to proceed in forma pauperis is denied without prejudice and with leave to renew upon completion of the AO 239 Long Form in forma pauperis application (&qu ot;Long Form") attached to this Order. Alternatively, plaintiffmay remit the $400.00 filing fee. So Ordered by Judge Joan M. Azrack on 2/18/2021. (Attachments: # 1 AO 239 Long Form in Forma Pauperis Application ("Long Form")) (Ortiz, Grisel)

Case 2:20-cv-05450-JMA Document 5 Filed 02/18/21 Page 1 of 2 PageID #: 12

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
--------------------------------------------------------------X
MYDUNG HUYNH,

For Online Publication Only

Plaintiff,
-againstANDREW SAUL, COMMISSIONER OF
SOCIAL SECURITY,
Defendant.
-------------------------------------------------------------X
AZRACK, United States District Judge:

ORDER
20-CV-5450 (JMA)
FILED 
CLERK 

2/18/2021 10:35 am

U.S. DISTRICT COURT 
EASTERN DISTRICT OF NEW YORK 
LONG ISLAND OFFICE 

Before the Court is the - ---- ------ application filed by counsel on behalf of plaintiff,
in forma pauperis
Mydung Huynh (“plaintiff”). For the reasons that follow, the application to proceed in forma
pauperis is denied without prejudice and with leave to renew upon completion of the AO 239 Long
Form - ---- ------ application (“Long Form”) attached to this Order. Alternatively, plaintiff
in forma pauperis
may remit the $400.00 filing fee.
Plaintiff’s application provides very little information, making it impossible for the Court
to assess plaintiff’s financial position. (See Docket Entry 2, generally.) For example, the only
item of value plaintiff reports owning is a 2007 Chevy Malibu. (Id. ¶ 5.) However, in the space
on the form that calls for a description of any regular monthly expenses and the amounts thereof,
plaintiff lists only rent in the amount of $1,700. (Id. ¶ 6.) There are no reported expenses for car
insurance and gas, nor are there any other monthly expenses reported for items such as food and
utilities. (Id.) Plaintiff reports having no money in cash or in a checking or savings account and
reports having received a Long Term Disability Insurance payment from Liberty Mutual in the
sum of $1,073.80. (Id. ¶ 3.)
Given that the responses provided by plaintiff raise more questions than they answer,
plaintiff’s application is denied without prejudice and with leave to renew upon completion of the

Case 2:20-cv-05450-JMA Document 5 Filed 02/18/21 Page 2 of 2 PageID #: 13

long form application enclosed with this Order within twenty one (21) days from the date of this
Order. Alternatively, plaintiff may remit the $400.00 filing fee. Plaintiff is warned that a failure
to timely comply with this Order may lead to the dismissal of the complaint without prejudice for
failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b).
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 - ---- ------ status is denied for the purpose
in forma pauperis
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962).
SO ORDERED.
Dated: February 18, 2021
Central Islip, New York
/s/ (JMA)
JOAN M. AZRACK
UNITED STATES DISTRICT JUDGE

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