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Sevilla v. Amco Plastic Materials Inc.

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK


April 30, 2010

JOSE SEVILLA, PLAINTIFF,
v.
AMCO PLASTIC MATERIALS INC., DEFENDANT.

The opinion of the court was delivered by: Seybert, District Judge

ORDER

On March 8, 2010, pro se Plaintiff Jose Sevilla ("Plaintiff") commenced this action pursuant to Title VII of the Civil Rights Act of 1964, as codified, 42 U.S.C. § 2000e, et seq., against the Defendant, Amco Plastic Materials, Inc., ("Defendant") and filed an application to proceed in forma pauperis.*fn1 Upon review of the declaration accompanying Plaintiff's application, and for the reasons stated below, Plaintiff's request to proceed in forma pauperis is granted.

Plaintiff states in his declaration that he does not have any money. Although Plaintiff is currently employed earning $1,000 a month, he reports that his monthly rent is $600 and that he financially supports his wife.

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 dependants with the necessities of life." Adkins v. E.I. Du Pont De Nemours & Co., Inc., 335 U.S. 331, 339, 69 S.Ct. 85, 93 L.Ed. 43 (1948) (internal quotation marks and citations omitted). Plaintiff's declaration meets this standard.

Accordingly, Plaintiff's motion to proceed in forma pauperis is granted. The United States Marshal Service is directed to serve the Complaint upon the Defendant without prepayment of the filing fee.

SO ORDERED.

Joanna Seybert, U.S.D.J.


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