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Linardon v. Castillo

United States District Court, D. Massachusetts

August 12, 2019

KELECHI LINARDON, Plaintiff,
v.
SANDALY CASTILLO, et al., Defendants.

          MEMORANDUM & ORDER

          Nathaniel M. Gorton, United States District Judge.

         For the reasons set forth below, the Court denies without prejudice the motions for leave to proceed in forma pauperis and for protective order.

         I. Background

         On 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 complaint states:

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 disabled patient.

Id. at ¶ II (statement of claim). For relief, plaintiff states:

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).

         With 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.

         II. Plaintiff's Motion for Leave to Proceed in forma pauperis

         Under 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.” Id.

         Here, 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.

         Although 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 debt. Id.

         Without 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 ...


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