Folk v. DeJoy
2:23-cv-09400
E.D.N.YJan 31, 2024Background
- Lynda Joan Folk, proceeding pro se, filed an application to proceed in forma pauperis (IFP) in the Eastern District of New York against Louis DeJoy, Postmaster General of the USPS.
- Folk indicated some income and cash on her application but omitted key required information, such as her employer's details and regular monthly expenses.
- In forma pauperis status allows litigants with limited financial resources to avoid paying filing fees.
- The district court found Plaintiff's application lacked sufficient financial disclosure to determine eligibility for IFP status.
- The court denied the IFP application without prejudice, allowing Folk to reapply using a more detailed form (Long Form), or to pay the $405.00 fee directly within two weeks.
- The court cautioned that any appeal of this order may not be taken in good faith and IFP status would be denied for appellate purposes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for in forma pauperis | Application indicates poverty | Not specified | IFP denied; insufficient detail in plaintiff's application |
Key Cases Cited
- Adkins v. E.I. Du Pont De Nemours & Co., 335 U.S. 331 (1948) (An affidavit is sufficient for IFP if it shows inability to pay due to poverty.)
- Coppedge v. United States, 369 U.S. 438 (1962) (IFP status for appeal requires a good faith basis.)
