Filed: May 13, 2019
Latest Update: May 13, 2019
Summary: REPORT AND RECOMMENDATION SEAN P. FLYNN , District Judge . Before the Court is Plaintiff's Motion to Appeal in Forma Pauperis ("Motion") (Doc. 28). Pursuant to Rule 24(a), Federal Rules of Appellate Procedure, a party in a district court action seeking to appeal in forma pauperis must file a motion in the district court and attach an affidavit that shows the party's inability to pay or to give security for fees and costs, claims an entitlement to redress, and states the issues that the p
Summary: REPORT AND RECOMMENDATION SEAN P. FLYNN , District Judge . Before the Court is Plaintiff's Motion to Appeal in Forma Pauperis ("Motion") (Doc. 28). Pursuant to Rule 24(a), Federal Rules of Appellate Procedure, a party in a district court action seeking to appeal in forma pauperis must file a motion in the district court and attach an affidavit that shows the party's inability to pay or to give security for fees and costs, claims an entitlement to redress, and states the issues that the pa..
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REPORT AND RECOMMENDATION
SEAN P. FLYNN, District Judge.
Before the Court is Plaintiff's Motion to Appeal in Forma Pauperis ("Motion") (Doc. 28). Pursuant to Rule 24(a), Federal Rules of Appellate Procedure, a party in a district court action seeking to appeal in forma pauperis must file a motion in the district court and attach an affidavit that shows the party's inability to pay or to give security for fees and costs, claims an entitlement to redress, and states the issues that the party intends to present on appeal. Fed. R. App. P. 24(a)(1)(A)-(C). The affidavit is "sufficient if it represents that the litigant, because of his poverty, is unable to pay for the court fees and costs, and to support and provide necessities for himself and his dependents." Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004). Moreover, a court can consider income provided by a spouse and income from Social Security or other disability benefits. See Trimble v. Volz, No. 2:08CV417-FTM-99DNF, 2008 WL 4490181, at *3 (M.D. Fla. Sept. 30, 2008); see Sutton v. Colvin, No. 3:16-CV-886-J-34MCR, 2016 WL 7971445, at *1 n.1 (M.D. Fla. July 26, 2016) ("Spousal income can be considered in determining Plaintiff's ability to pay for the Court's fees and costs.").
Based on the information provided in his affidavit, Plaintiff failed to show that he is indigent. Plaintiff's gross monthly income, including his spouse's income, is $5,749.58 (Doc. 28-1 at 2-3),1 which equates to an annual income of $68,994.96. Additionally, Plaintiff's property includes a house with a value of $198,000 and two cars (Id. at 4). Plaintiff's monthly expenses and debts, on the other hand, total approximately $5,195 (Id. at 6). Therefore, Plaintiff has the financial ability to pay the costs associated with filing an appeal. See Steuber v. Walter Inv. Mgt. Corp., No. 8:17-CV-2405-T-35MAP, 2017 WL 8813074, at *2 (M.D. Fla. Nov. 30, 2017), report and recommendation adopted, 8:17-CV-2405-T-35MAP, 2018 WL 1866099 (M.D. Fla. Jan. 3, 2018) (finding that "[p]laintiff's access to the courts does not seem to be blocked by her financial status," when the plaintiff's income exceeded her expenses by $600). Given the information currently available to the Court, it is recommended that Plaintiff's Motion be denied.
Accordingly, it is hereby
RECOMMENDED
1. Plaintiff's Motion to Appeal in Forma Pauperis (Doc. 28) be denied.
2. Plaintiff be directed to pay the required filing fee within fourteen (14) days of the date of the Court's Order denying Plaintiff's Motion to Appeal in Forma Pauperis.
3. The Clerk be directed to notify the Eleventh Circuit that the motion to proceed in forma pauperis on appeal is denied according to Rule 24(a)(4)(A), Federal Rules of Appellate Procedure.
IT IS SO REPORTED
