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Best v. City of New York

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


June 26, 2006

SY BEST, PLAINTIFF,
v.
THE CITY OF NEW YORK, ET AL., DEFENDANTS.

The opinion of the court was delivered by: Ronald L. Ellis, United States Magistrate Judge

OPINION AND ORDER

I. INTRODUCTION

Plaintiff, Sy Best, commenced this action against the City of New York (the "City") and other defendants on December 22, 2004. Pending before the Court is Best's application to proceed in forma pauperis. For the reasons which follow, Best's application to proceed in forma pauperis is GRANTED.

II. DISCUSSION

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." Best's application to proceed in forma pauperis indicates that he is currently incarcerated and unemployed. The Court finds that Best's application establishes his inability to pay for the prosecution of his case. Therefore, his application to proceed in forma pauperis is GRANTED.

Best's application to proceed in forma pauperis is GRANTED.

SO ORDERED this 26th day of June 2006

The Honorable Ronald L. Ellis United States Magistrate Judge

20060626

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