Zayas v. McCoy et al
Filing
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ORDER TO SHOW CAUSE: Plaintiff is ORDERED to show cause by 5/15/2024, why the Court should not recommend her IFP application be denied. Signed by Hon. Michelle L. Peterson. (SS) (cc: Plaintiff via USPS)
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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE
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MYRIAM ZAYAS,
Plaintiff,
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Case No. C24-621 LK
ORDER
v.
ADRIENNE MCCOY, et al.,
Defendants.
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Plaintiff has filed an application to proceed in forma pauperis (“IFP”) in the above-
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entitled action. (Dkt. # 1.) In the IFP application, Plaintiff states that she has not been employed
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since 2019 and cannot work due to her adult son’s disability. (Id. at 1.) Plaintiff reports that her
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only source of income in the past twelve months is $17,500 from a settlement, that she has no
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money on hand, in checking, or in savings, and has $850 in monthly expenses. (Id. at 1-2.)
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However, Plaintiff’s IFP application does not describe the types of each monthly expense (e.g.,
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housing, transportation, utilities, etc.) and does not explain how she pays any of her expenses.
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(Id. at 2.) Plaintiff further states that she is hesitant of publicly disclosing private information in
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her IFP application. (Id.)
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ORDER - 1
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The district court may permit indigent litigants to proceed IFP upon completion of a
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proper affidavit of indigence. See 28 U.S.C. § 1915(a). “To qualify for in forma pauperis status,
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a civil litigant must demonstrate both that the litigant is unable to pay court fees and that the
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claims he or she seeks to pursue are not frivolous.” Ogunsalu v. Nair, 117 F. App’x 522, 523
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(9th Cir. 2004), cert. denied, 544 U.S. 1051 (2005). To meet the first prong of this test, a litigant
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must show that he or she “cannot because of his [or her] poverty pay or give security for the
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costs and still be able to provide him[ or her]self and dependents with the necessities of life.”
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Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (internal alterations
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omitted).
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Plaintiff has not provided the Court with sufficient information to make an affirmative
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determination on her IFP application. Under these circumstances, Plaintiff should not be
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authorized to proceed IFP unless she addresses the deficiencies noted above. To the extent
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Plaintiff fears public disclosure of her private information, the Court directs Plaintiff to Local
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Court Rule (“LCR”) 5(g), which outlines the circumstances and procedures for filing documents
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under seal. See LCR 5(g) (available at https://www.wawd.uscourts.gov/local-rules-and-orders
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(last accessed May 8, 2024)).
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Accordingly, Plaintiff is ORDERED to show cause by May 15, 2024, why the Court
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should not recommend her IFP application be denied. The Clerk is directed to send copies of this
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Order to Plaintiff and to the Honorable Lauren King.
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Dated this 8th day of May, 2024.
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A
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MICHELLE L. PETERSON
United States Magistrate Judge
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ORDER - 2
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