Cobham v. The New York Racing Association, Inc.

E.D. New York

Cobham v. The New York Racing Association, Inc.

District Court, E.D. New York·Decided April 19, 2022·No. 2:22-cv-00456·Unknown

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UNITED STATES DISTRICT COURT For Online Publication Only EASTERN DISTRICT OF NEW YORK FILED -----------------------------------------------------------------X CLERK ROBERT COBHAM, April 19, 2022 U.S. DISTRICT COURT Plaintiff, EASTERN DISTRICT OF NEW YORK ORDER LONG ISLAND OFFICE -against- 22-CV-00456 (JMA) (ARL) NEW YORK RACING ASSOCIATION, INC., et al., Defendant. ----------------------------------------------------------------X AZRACK, United States District Judge: Before the Court is the -in -fo-rm--a -pa-u-p-e-ri-s application filed by Robert Cobham (“Plaintiff”). (ECF No. 2.) For the reasons that follow, the applications to proceed -in -fo-rm--a -pa-u-p-e-ri-s are denied without prejudice and with leave to renew upon completion of the AO 239 Long Form in forma pauperis application (“Long Form”) attached to this Order. Alternatively, Plaintiff may remit the $402.00 filing fee. Plaintiff’s application raises more questions than it answers. For example, plaintiff reports that he is unemployed, but that his wages are approximately $150.00 per day. (See ECF No. 2 at ¶¶ 2-3.) Plaintiff also reports that he is “a horseman and work[s] with an equine transportation stable on call. [he] [is] a groom at the NYRA racetrack,” but, again, that he is “currently not employed.” (Id. at 2.) Plaintiff includes that he has $1000.00 in his checking or savings account. Given that the responses provided by plaintiff raise more questions than they answer, plaintiff’s application is denied without prejudice and with leave to renew upon completion of the long form application enclosed with this Order within twenty one (21) days from the date of this Order. Alternatively, plaintiff may remit the $402.00 filing fee. Plaintiff is warned that a failure to timely comply with this Order may lead to the dismissal of the complaint without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 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). The Clerk of the Court shall mail a copy of this Order to the Plaintiff at his address of record. SO ORDERED. Dated: April 19, 2022 Central Islip, New York /s/ (JMA) JOAN M. AZRACK UNITED STATES DISTRICT JUDGE

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UNITED STATES DISTRICT COURT For Online Publication Only EASTERN DISTRICT OF NEW YORK FILED -----------------------------------------------------------------X CLERK ROBERT COBHAM, April 19, 2022 U.S. DISTRICT COURT Plaintiff, EASTERN DISTRICT OF NEW YORK ORDER LONG ISLAND OFFICE -against- 22-CV-00456 (JMA) (ARL) NEW YORK RACING ASSOCIATION, INC., et al., Defendant. ----------------------------------------------------------------X AZRACK, United States District Judge: Before the Court is the -in -fo-rm--a -pa-u-p-e-ri-s application filed by Robert Cobham (“Plaintiff”). (ECF No. 2.) For the reasons that follow, the applications to proceed -in -fo-rm--a -pa-u-p-e-ri-s are denied without prejudice and with leave to renew upon completion of the AO 239 Long Form in forma pauperis application (“Long Form”) attached to this Order. Alternatively, Plaintiff may remit the $402.00 filing fee. Plaintiff’s application raises more questions than it answers. For example, plaintiff reports that he is unemployed, but that his wages are approximately $150.00 per day. (See ECF No. 2 at ¶¶ 2-3.) Plaintiff also reports that he is “a horseman and work[s] with an equine transportation stable on call. [he] [is] a groom at the NYRA racetrack,” but, again, that he is “currently not employed.” (Id. at 2.) Plaintiff includes that he has $1000.00 in his checking or savings account. Given that the responses provided by plaintiff raise more questions than they answer, plaintiff’s application is denied without prejudice and with leave to renew upon completion of the long form application enclosed with this Order within twenty one (21) days from the date of this Order. Alternatively, plaintiff may remit the $402.00 filing fee. Plaintiff is warned that a failure to timely comply with this Order may lead to the dismissal of the complaint without prejudice for failure to prosecute pursuant to Federal Rule of Civil Procedure 41(b). 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). The Clerk of the Court shall mail a copy of this Order to the Plaintiff at his address of record. SO ORDERED. Dated: April 19, 2022 Central Islip, New York /s/ (JMA) JOAN M. AZRACK UNITED STATES DISTRICT JUDGE

Cobham v. The New York Racing Association, Inc., (E.D.N.Y. 2022).

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