UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK __________________________________

CHARLENE HILL,

Plaintiff,

v. 19-CV-1725 ORDER STATE UNIVERSITY OF NEW YORK AT BUFFALO,

Defendant. __________________________________

Plaintiff Charlene Hill has submitted to this Court a complaint alleging harassment and discrimination based on color and race. Dkt. 1; see also Dkt. 4. Plaintiff Hill also filed a motion to proceed in forma pauperis and supporting affirmation. Dkt. 2. Due to the intervening Covid-19 pandemic and the demands of the Court’s criminal docket, the motion remained pending. On January 13, 2023, the Court issued a Text Order requiring Plaintiff Hill to file an updated motion and supporting affidavit. Dkt. 8. Plaintiff timely complied. Dkt. 9. The updated affirmation supporting the motion to proceed in forma pauperis has been reviewed by the Court in accordance with the requirements of

(a)(1), and the complaint has been reviewed with respect to the criteria of

(e)(2). The Court finds that Plaintiff has failed to meet the statutory requirements for in forma pauperis status; permission to proceed in forma pauperis is therefore denied. Plaintiff’s annual income of more than $44,000.001 is well above the federal poverty threshold, which had long been considered relevant to any analysis undertaken pursuant

to

(a)(1). See, e.g., Boka v. Whalen,

. In 2023, the U.S. Department of Health and Human Services set the poverty level for single- person families at an annual income of $14,580.00. Annual Update of the HHS Poverty Guidelines,

(Jan. 19, 2023), https://aspe.hhs.gov/topics/poverty- economic-mobility/poverty-guidelines. Accordingly, Plaintiff has until October 19, 2023 to pay the filing and

administrative fees totaling $400.00. In the event that Plaintiff does not pay the fees or otherwise seek relief from the Order by October 19, 2023, the Clerk of the Court is directed, without further order of the Court, to close this case as dismissed without prejudice. SO ORDERED.

s/Richard J. Arcara_______ HONORABLE RICHARD J. ARCARA UNITED STATES DISTRICT COURT

Dated: September 12, 2023

1 Comprised of her annual salary and quarterly dividends.