Hale v. United States
| Michael Hale, Sr. |
| United States |
| 1:2023cv00299 |
| April 4, 2023 |
| US District Court for the Western District of New York |
| Lawrence J Vilardo |
| Personal Inj. Med. Malpractice |
| 28 U.S.C. ยง 1332 Diversity-Tort/Non-Motor Vehicle |
| Plaintiff |
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| Filing 4 RESPONSE to re 3 Text Order filed by Michael Hale, Sr. (JLV) |
| Filing 3 TEXT ORDER: The pro se plaintiff, Michael Hale, has filed a complaint asserting tort claims against the United States, presumably under the Federal Tort Claims Act. Docket Item 1. He also has moved to proceed in forma pauperis (that is, as a person who should have the prepayment of the ordinary filing fee waived because he cannot afford it). Docket Item 2.Although a court has discretion whether to grant a motion to proceed in forma pauperis, "no party must be made to choose between abandoning a potentially meritorious claim or for[]going the necessities of life." See Potnick v. E. State Hosp., 701 F.2d 243, 244 (2d Cir. 1983) (citing Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)). Thus, a court should grant an application to proceed in forma pauperis when the applicant cannot "afford to pay the costs of litigation and still provide [for] himself." See, e.g., Kilichowski v. Hocky, 1999 WL 504285, at *1 (E.D.N.Y. July 5, 1999).In his application, Hale says that his total monthly income is $4,500. Docket Item 2 at 1. He also says that he receives Social Security and Veterans Affairs benefits, although it is unclear whether that is in addition to his monthly income. See id. Either way, Hale's total annual income is greater than $50,000. And while Hale says that his total monthly expenses exceed $4,500, a significant portion of that is on "other expenses." Id. at 2. Furthermore, Hale answered "yes" to the question of whether he "own[s] any real estate, stocks, bonds, notes, automobiles, or other valuable property," but he did not describe the property or estimate its value as directed. Id. Based on the information that Hale has provided, this Court therefore cannot conclude that paying the filing fee will require Hale to "[forgo] the necessities of life." Potnick, 791 F.2d at 243. Within 30 days of the date of this order, Hale shall show cause why his application to proceed in forma pauperis should not be denied. Specifically, he should provide the Court with a clear breakdown of his gross monthly income, further details about his monthly expenses, a description of the valuable property he owns and an estimate of its value, and any other information that will help the Court decide his motion. SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 4/20/2023. (WMH)This was mailed to: the plaintiff. |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Michael Hale, Sr. (JLV) |
| Filing 1 COMPLAINT against United States filed by Michael Hale, Sr. (JLV) |
| AUTOMATIC REFERRAL to Mediation The ADR Plan is available for download at #http://www.nywd.uscourts.gov/alternative-dispute-resolution. (JLV) |
| Plaintiff has been given a pro se packet including a privacy notice, consent to proceed before a Magistrate Judge, Pro Se Assistance Program Information, Civil Case Timeline and ADR Notification. (JLV) |
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| Plaintiff: Michael Hale, Sr. | |
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