The opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
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PETER GASPARRO,
Plaintiff,
ORDER
-against- 20-CV-00339(GRB)
COMMISSIONER OF SOCIAL SECURITY,
Defendant.
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GARY R. BROWN, United States District Judge:
On January 21, 2020, plaintiff Peter Gasparro (“plaintiff”) commenced this action against
the Commissioner of Social Security (“defendant”) seeking review of the decision of the
Administrative Law Judge pursuant to section 405(g) of the Social Security Act, as amended, 42
U.S.C. § 405(g). Accompanying the complaint is an application to proceed in forma pauperis.
For the reasons that follow the application to proceed in forma pauperis is denied without
prejudice and with leave to renew upon completion of the enclosed “Application to Proceed in
District Court without Prepaying Fees or Costs (Long Form)” (AO 239).
To qualify for in forma pauperis status, the Supreme Court has long held that “an
affidavit is sufficient which states that one cannot because of his poverty pay or give security for
the costs [inherent in litigation] and still be able to provide himself and dependents with the
necessities of life.” Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331, 339, 69 S. Ct. 85,
93 L. Ed. 43 (1948) (internal quotation marks omitted). Plaintiff’s application does not include
sufficient information for the Court to make such finding. Plaintiff indicates that he is
unemployed and has not received any income from any source in the past twelve months. (See
Docket Entry 2, ¶¶ 2-3.) Plaintiff avers that he has $4,000 in cash or in a checking or savings
account and lists regular monthly expenses, including mortgage and home equity loan payments,
totaling $3,300. (Id. ¶¶ 4,6.) He avers that the only item he owns of value, even any such
property held in someone else’s name, is a boat valued at $500. (Id. ¶ 5.)
Given that plaintiff’s responses raise more questions about his financial status and do not
permit the Court to assess plaintiff’s financial position, the Court finds that plaintiff can best set
forth his current financial position on the Application to Proceed in District Court without
Prepaying Fees or Costs (Long Form)” (AO 239). Accordingly, plaintiff’s application to
proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the
enclosed “Application to Proceed in District Court without Prepaying Fees or Costs (Long
Form)” (AO 239). Alternatively, plaintiff may pay the $400.00 filing fee. Plaintiff shall either
file the Long Form or remit the filing fee within two (2) weeks of the date of this Order or this
action will be dismissed without prejudice.
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 in forma pauperis status is denied for the purpose
of any appeal. See Coppedge v. United States, 369 U.S. 438, 444-45, 82 S. Ct. 917, 8 L. Ed. 2d
21 (1962). The Clerk of the Court is directed to mail a copy of this Order to the pro se plaintiff.
SO ORDERED.
__/s/ Gary R. Brown____________
Gary R. Brown
United States District Judge
Dated: January 28, 2020
Central Islip, New York