United States District Court, D. Massachusetts
MEMORANDUM & ORDER
Nathaniel M. Gorton, United States District Judge.
reasons set forth below, the Court denies without prejudice
the motions for leave to proceed in forma pauperis
and for protective order.
August 5, 2019, Kelechi Lindardon, proceeding pro
se, filed a civil rights complaint against two managers
at Woodspring Suites, an extended stay hotel where plaintiff
resides in Saugus, Massachusetts. The complaint is submitted
on a pre-printed form and the “Jurisdiction”
section of the complaint states that this action is brought
pursuant to the Americans with Disabilities Act, the Civil
Rights Act [42 U.S.C.] § 1983, “racial
discrimination” and “disability hate
crime.” Complaint (“Compl.”), ¶ II
(A). The “Statement of Claim” section of the
Plaintiff is a nursing homecare disable[d] patient. Plaintiff
suffered hate crime, abuse, [and] torture. Defendant violated
the plaintiff[‘s] basic human rights, civil rights and
civil liberty. Plaintiff suffered premise liability as a
result of defendant[‘s] negligence. Defendants severely
abused and harassed the plaintiff who is a nursing home
Id. at ¶ II (statement of claim). For relief,
As a result of Defendant[s'] severe abuse to the
plaintiff, she suffered injuries which affected her
disability. Plaintiff suffered physical injuries. Plaintiff
suffered emotional distress. Plaintiff suffered defamation
and slander to her name. Plaintiff suffered severe
embarrassment and humiliation. Plaintiff is seeking for the
Court to order to pay for the damages suffered and to
immediately cease from abusing the plaintiff.
Id. at ¶ IV (relief).
the complaint, plaintiff filed an Application to Proceed in
District Court without Prepaying Fees and Costs. See
Docket No. 3. She also filed a Motion seeking an emergency
protection order from harassment and bullying. See
Docket No. 2.
Plaintiff's Motion for Leave to Proceed in forma
federal law, a person seeking to proceed in forma
pauperis must submit an affidavit that includes “a
statement of all assets such [person] possesses, ”
showing that “the person is unable to pay such [filing]
fees or give security therefor.” 28 U.S.C. § 1915
(a) (1). One does not have to be “absolutely
destitute” to proceed in forma pauperis.
Adkins v. E.I. DuPont de Nemours & Co., 335 U.S.
331, 339 (1948). Rather, the litigant must show she cannot
pay the filing fee “and still be able to provide
[herself] and dependents with the necessities of life.”
plaintiff has failed to provide a complete statement of her
assets. In the Application to Proceed in District Court
without Prepaying Fees and Costs, Lindardon indicates that
she is “disabled on SSDI income.” App. at 1.
However, she fails to state the amount that she received,
what she expects to receive and whether she received income
from other sources. Id.
the Court assumes that plaintiff's response to Question 4
is meant to indicate that she has annual SSDI income of $12,
000 or more, she does not state how much money she has in
cash or in a bank account. Id. at 2. Although she
describes the property that she owns, such as an automobile
and retirement account, she fails to disclose the value of
her property. Id. She also fails to describe and
provide the amount of her monthly expenses and credit card
this information, the Court cannot ascertain whether
plaintiff is unable to pay the filing fee. Accordingly, the
Court will deny without prejudice the Application to ...