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Civil Rights: Jobs | New York Eastern
Order on Motion for Leave to Proceed In Forma Pauperis
ORDER: The 2 motion to proceed in forma pauperis (IFP) is denied without prejudice to renewal. To qualify for IFP status, a party must show that he "cannot because of his poverty pay or give security for the costs [of litigation] and still be able to provide" himself "with the necessities of life." Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 339 (1948) (internal quotation marks omitted).
Plaintiff's application does not make this showing. The application states that plaintiff earns $2,700 in monthly take-home pay but has just $347 in monthly expenses, composed entirely of transportation and phone expenses. If it is true that plaintiff has $2,353 in monthly income that she does not spend, then she can presumably pay the filing fee and does not appear indigent as required by 28 U.S.C. § 1915. Alternatively, if $347 is not a complete and accurate statement of plaintiff's regular monthly expenses, then she should refile the application. She may wish to list her expenses for housing and food, and any other regular expenses she did not list in her initial IFP application.
On or before 8/17/2026, plaintiff must either pay the filing fee in this case or submit a complete and accurate Long-Form IFP Application providing additional information necessary to make an indigency determination. Plaintiff is advised that failure to either pay the filing fee or file the Long-Form IFP Application will likely result in the dismissal of this action without prejudice. The Clerk of Court is respectfully directed to mail a copy of this order and the Long-Form IFP Application to plaintiff. 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 IFP status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). Ordered by Judge Rachel P. Kovner on 7/15/2026. (ASG)
Case Assigned/Reassigned
Case Assigned to Judge Rachel P. Kovner and Magistrate Judge Peggy Cross-Goldenberg. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KAD)
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