The opinion
UNITED STATES DISTRICT COURT CF LIL EE RD K
EASTERN DISTRICT OF NEW YORK
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FREDERICK GROSS, U.S. DISTRICT COURT
EASTERN DISTRICT OF NEW YORK
Plaintiff, LONG ISLAND OFFICE
ORDER
-against- 22-CV-7440(GRB)(AYS)
INTRAREK COMPUTER INC., NORTHPORT VA
MEDICAL CENTER, ROBERT ZISKIN, in his official
capacity;
Defendants.
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GARY R. BROWN, United States District Judge:
Before the Court is an application to proceed in forma pauperis filed by Frederick Gross
(“Plaintiff”), acting pro se. See Docket Entry (“DE”) 2. For the reasons that follow, 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) (“Long Form”). Alternatively, Plaintiff may pay the $402.00
filing fee.
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 (1948)
(internal quotation marks omitted). “The purpose of the statute permitting litigants to proceed
IFP [in forma pauperis] is to insure that indigent persons have equal access to the judicial
system.” Davis v. NYC Dept. of Educ., 10-CV-3812, 2010 WL 3419671, at *1 (E.D.N.Y.
August 27, 2010) (citing Gregory v. NYC Health & Hospitals Corp., 07-CV-1531, 2007 WL
1199010, at *1 (E.D.N.Y. Apr. 17, 2007)). The determination of whether an applicant qualifies
for in forma pauperis status is within the discretion of the district court. Davis, 2010 WL
3419671 at *1 (citing DiGianni v. Pearson Educ., 10-CV-0206, 2010 WL 1741373, at *1
(E.D.N.Y. Apr. 30, 2010)). The court may dismiss a case brought by a plaintiff requesting to
proceed in forma pauperis if the “allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A).
Plaintiff’s application does not include sufficient information for the Court to determine
his qualification for in forma pauperis status. See DE 2, in toto. Indeed, although Plaintiff
reports that he was employed through February 8, 2022 and that he received New York State
unemployment benefits through August 2022, he did not disclose the amount of income he
received from these sources as requested on the form. Id. ¶¶ 2-3. Further, Plaintiff reports
having no money in cash or in an account and that he does not receive any public benefits or
income from any other source. Id. ¶¶ 3-44. However, Plaintiff reports that his residence is in
foreclosure given that he is “12 years in arrears” and has left blank the space on the form that
asks for the identity of any person Plaintiff financially supports and the amount of the support.
Id. ¶¶ 6-7. The Courts find that Plaintiff’s application raises more questions than it answers and,
in the absence of the required financial information, it is impossible for the Court to determine
his qualification for in forma pauperis status. Accordingly, Plaintiff may renew his application
by answering each question on the enclosed Long Form. Thus, Plaintiff’s application to
proceed in forma pauperis is denied without prejudice and with leave to renew upon filing the
enclosed Long Form. Alternatively, Plaintiff may pay the $402.00 filing fee.1 Plaintiff shall
1 Plaintiff is cautioned that, once paid, there are no refunds of the filing fee regardless of the outcome of the case.
Plaintiff is well-advised to consider the substance of his complaint, the requirements of Federal Rule of Civil
Procedure 8, and the subject matter jurisdiction of this Court. Plaintiff is encouraged to avail himself of the free
resources provided by the Pro Se Legal Assistance Program run by Hofstra Law School and he may reach them by
telephone at 631-297-2575 or by e-mail: PSLAP@hofstra.edu
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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 (1962).
SO ORDERED.
/s/ Gary R. Brown
_______________________
Dated: December 22, 2022 Hon. Gary R. Brown
Central Islip, New York United States District Judge
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