Zayas v. McCoy et al

Filing 4

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