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Folk v. DeJoy
2:23-cv-09400
E.D.N.Y
Jan 31, 2024
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Background

  • 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.)
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Case Details

Case Name: Folk v. DeJoy
Court Name: District Court, E.D. New York
Date Published: Jan 31, 2024
Docket Number: 2:23-cv-09400
Court Abbreviation: E.D.N.Y