Opinion
12-CV-4819(JS)(GRB)
10-15-2012
VANESSA M. HAMMER, Plaintiff, v. TRANSPORTATION SECURITY ADMINISTRATION, U.S. Dept. of Homeland Security Claims Management Branch, Case #2011111 588953, Defendant.
For Plaintiff: Vanessa M. Hammer, Pro Se For Defendant: No appearance
MEMORANDUM AND ORDER
APPEARANCES:
For Plaintiff: Vanessa M. Hammer, Pro Se
For Defendant: No appearance SEYBERT, District Judge:
Presently pending before the Court is the Complaint brought by pro se plaintiff Vanessa M. Hammer ("Plaintiff") against the Transportation Security Administration ("Defendant") seeking to recover personal property which Plaintiff claims was "misplaced" and missing following her flight aboard American Airlines. Plaintiff's Complaint is accompanied by an application to proceed in forma pauperis.
Upon review of the declaration in support of the application to proceed in forma pauperis, the Court determines that the Plaintiff's financial status qualifies her to commence this action without prepayment of the $350.00 filing fee. See 28 U.S.C. §§ 1914(a); 1915(a)(1). Therefore, Plaintiff's request to proceed in forma pauperis is GRANTED.
Having reviewed the pro se Complaint, the undersigned declines to conclude at this stage that the within action is frivolous or malicious within the meaning of 28 U.S.C. § 1915. While it may be that Plaintiff is unable to prevail on her claim, the Court's uncertainty does not justify dismissal at this early juncture. McEachin v. McGuinnis, 357 F.3d 197, 200 (2d Cir. 2004). Accordingly, the application to proceed in forma pauperis is GRANTED and the Court orders service of the Complaint without prepayment of the filing fee.
The Clerk of the Court is directed to forward to the United States Marshal for the Eastern District of New York a copy of Plaintiff's Summons, Complaint, and this Order for service upon the Defendant without prepayment of fees. Furthermore, the Clerk is directed to mail a copy of this Order to the Plaintiff.
SO ORDERED.
______________________
JOANNA SEYBERT, U.S.D.J.
Dated: October 15 , 2012
Central Islip, New York