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Perez v. City of New York

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


February 27, 2006

MANUEL PEREZ, PLAINTIFF,
v.
CITY OF NEW YORK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Go, United States Magistrate Judge

ORDER

Under 28 U.S.C. § 1915, "any court ... may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such prisoner possesses that the person is unable to pay such fees or give security therefor." Perez's application to proceed in forma pauperis dated November 26, 2005 indicates that he is currently incarcerated and at the time of his application, was employed as a porter at the Wende Correctional Facility Hospital earning about $20.00 monthly.*fn1 The Court finds that Perez's application establishes his inability to pay for the prosecution of his case. Although the filing fee to bring this action has already been paid, his application to proceed in forma pauperis is GRANTED to enable him, should this case proceed to trial, to subpoena witnesses without pre-payment of the costs for service. However, should the defendants prevail in this case and plaintiff is found liable for costs, such costs may be recovered from his prisoner account under 28 U.S.C. § 1915.

SO ORDERED.

MARILYN DOLAN GO UNITED STATES MAGISTRATE JUDGE


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