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MURPHY v. COLVIN, 13-3070. (2013)

Court: District Court, W.D. Arkansas Number: infdco20130709765 Visitors: 30
Filed: Jul. 08, 2013
Latest Update: Jul. 08, 2013
Summary: ORDER JAMES R. MARSCHEWSKI, Chief Magistrate Judge. On June 5, 2013, Plaintiff submitted a complaint for filing in this district, together with a request for leave to proceed in forma pauperis ("IFP"). ECF Nos. 1, 2. For reasons stated below, Plaintiff's motion is denied. Federal courts have the statutory authority to permit the commencement of a civil action without prepayment of fees or costs by a person who submits an affidavit that he is unable to pay such costs or give security theref
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ORDER

JAMES R. MARSCHEWSKI, Chief Magistrate Judge.

On June 5, 2013, Plaintiff submitted a complaint for filing in this district, together with a request for leave to proceed in forma pauperis ("IFP"). ECF Nos. 1, 2. For reasons stated below, Plaintiff's motion is denied.

Federal courts have the statutory authority to permit the commencement of a civil action without prepayment of fees or costs by a person who submits an affidavit that he is unable to pay such costs or give security therefor. 28 U.S.C. § 1915(a). The purpose of 28 U.S.C. § 1915 is to ensure that indigent litigants have an entre, not a barrier, to the federal courts. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823 (3rd Cir. 1975)). Although a claimant need not be "completely destitute" to take advantage of the IFP statute, he or she must show that paying the filing fee would result in an undue financial hardship. Williamson, 786 F.2d at 1338.

Plaintiff's IFP application reveals that she receives approximately $1,636.00 per month in take-home pay from her employment. ECF No. 2. Her husband also works and receives $1,120.00 per month from his employment. Plaintiff owns a vehicle and a plot of land, on which she owes $5,200.00 and $15,000.00, respectively. Plaintiff also has a checking or savings account with a balance of $200.00+/- after bills are paid. Plaintiff's monthly expenses are as follows: $300.00 for rent; $350.00 for car payment; $200.00 for mortgage on land; $188.00 for propane; $100.00+ for electric bill; and $75.00 for insurance. Plaintiff has no dependents.

Here, Plaintiff is by no means destitute. After subtracting her reported monthly expenses, Plaintiff has approximately $1,543.00 remaining. As such, Plaintiff has not shown that paying the filing fee would create an undue financial hardship. For these reasons, the undersigned finds that a waiver of the filing fee would be inappropriate in this instance.

Accordingly, Plaintiff's motion for leave to proceed IFP is DENIED. Plaintiff is directed to tender the filing fee of $400.00 by August 7, 2013. Should Plaintiff fail to comply within the required period of time, her complaint will become subject to summary dismissal for failure to obey a court order.

IT IS SO ORDERED.

Source:  Leagle

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