ANTHONY v. CHOUDARY

Opinion

Not for Publication UNITED STATES DISTRICT COURT DISTRICT OF NEW JERSEY

KIMBERLY ANTHONY, Civil Action No. 19-17074 Plaintiff, Vy. OPINION & ORDER

AASHNA CHOUDARY, et al., Defendants.

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 Plaintiffs 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 Plaintiffs motion to proceed in forma pauperis. Plaintiff's average monthly income during the twelve months preceding her in forma pauperis application was $2,920, 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

plaintiff indicates that her “spouse” for purposes of her in forma pauperis application is her ancé.

December 2018 with a monthly income of $8,333. /d. 9/2. Notably, Plaintiff's spouse also seems to be currently employed with a monthly income of $7,500. Jd. 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. For the foregoing reasons, and for good cause shown, ITS onthisZ2\_ day of Ocrcle rm _, 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, Plaintiffs 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.

John Michael Vazqued, U$.D.J.