Opinion
Civil Action No. 19-17074
10-29-2019
KIMBERLY ANTHONY, Plaintiff, v. AASHNA CHOUDARY, et al., Defendants.
Not for Publication OPINION & ORDER John Michael Vazquez , U.S.D.J.
Plaintiff Kimberly Anthony brings the above-captioned action in forma pauperis pursuant to 28 U.S.C. § 1915, D.E. 1-1 ("IFP App."). For the reasons discussed below, the Court denies Plaintiff's application to proceed in forma pauperis.
Under Section 1915, this Court may excuse a litigant from prepayment of fees when the litigant "establish[es] that [s]he is unable to pay the costs of [her] suit." Walker v. People Express Airlines, Inc., 886 F.2d 598, 601 (3d Cir. 1989). Plaintiff has not sufficiently established her inability to pay for the costs of her suit, and therefore, the Court denies Plaintiff's motion to proceed in forma pauperis.
Plaintiff's average monthly income during the twelve months preceding her in forma pauperis application was S2,920, while her spouse's monthly income was $4,000. IFP App. ¶ 1. In addition, Plaintiff's recent employment history indicates that she was employed from July 2016 to March 2018 with a monthly income of $6,833, and thereafter, employed from March 2018 to December 2018 with a monthly income of S8,333. Id. ¶ 2. Notably, Plaintiff's spouse also seems to be currently employed with a monthly income of $7,500. Id. ¶ 3. As such, Plaintiff has not sufficiently established her inability to pay the $400 initial filing fee, and therefore, the Court denies Plaintiff's motion to proceed in forma pauperis. The Court, however, grants Plaintiff an opportunity to amend her application with additional facts that demonstrate her inability to proceed without prepayment of fees or costs.
Plaintiff indicates that her "spouse" for purposes of her in forma pauperis application is her fiancé. --------
For the foregoing reasons, and for good cause shown,
IT IS on this 29 day of October, 2019,
ORDERED that Plaintiff's application to proceed in forma pauperis is DENIED; and it is further
ORDERED that Plaintiff may file an amended application to proceed in forma pauperis within thirty (30) days of receipt of this Opinion and Order, curing the deficiencies noted herein. If Plaintiff fails to file an amended application to proceed in forma pauperis within thirty (30) days of receipt, Plaintiff's application shall be dismissed with prejudice; and it is further
ORDERED that the Clerk of the Court shall serve this Opinion and Order upon Plaintiff by regular and certified mail return receipt.
/s/_________
John Michael Vazquez, U.S.D.J.