Summary
The document is a Report-Recommendation and Order concerning Helen Rebekah Garber’s motion to proceed in forma pauperis in an action against Ulster County and related defendants. The magistrate judge recommends denying the motion because the financial information submitted indicates that Plaintiff can prepay the $405 filing fee. Plaintiff is given fourteen days, or seventeen days if served by mail while proceeding pro se, to object.
Holdings
- Plaintiff did not demonstrate an inability to pay the filing fee because her reported income and assets showed that she could prepay the entire $405 filing fee.
Questions Presented
- Whether plaintiff demonstrated that she was unable to pay the filing fee or provide security for it under 28 U.S.C. § 1915(a)(1).
- Whether plaintiff's motion for leave to proceed in forma pauperis should be denied based on her reported income and assets.
Disposition
other
Cases Cited (11)
- Carro v. Gaul, 2025 WL 3963357, at *2 n.4 (N.D.N.Y. Oct. 27, 2025)(followed)
- Kiobel v. Millson, 592 F.3d 78, 92 (2d Cir. 2010)(followed)
- Virola v. Gonyo, 2024 WL 5361071, at *1 (N.D.N.Y. Dec. 2, 2024)(followed)
- Fiebelkorn v. U.S., 77 Fed. Cl. 59, 62(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339, 69 S. Ct. 85 (1948)(followed)
- Lee v. McDonald's Corp., 231 F.3d 456, 458 (8th Cir. 2000)(followed)
- Potnick v. Eastern State Hosp., 701 F.2d 243, 244 (2d Cir. 1983)(followed)
- Zavala v. Cornell Univ., 2011 WL 13353099, at *2 (N.D.N.Y. Dec. 13, 2011)(followed)
- Eliacin v. Cnty. of Broome, New York, 2009 WL 10721277, at *2 (N.D.N.Y. June 11, 2009)(followed)
- Roldan v. Racette, 984 F.2d 85, 89 (2d Cir. 1993)(followed)
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Cited In (0)
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