Filed: Feb. 21, 2020
Latest Update: Feb. 21, 2020
Summary: MEMORANDUM & RECOMMENDATION KIMBERLY A. SWANK , Magistrate Judge . This matter is before the court on Plaintiff's application, filed pursuant to 28 U.S.C. 1915, to proceed in forma pauperis. The standard for determining in forma pauperis status is whether "one cannot because of his poverty pay or give security for the costs. . . and still be able to provide himself and dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 , 339 (1948). Give
Summary: MEMORANDUM & RECOMMENDATION KIMBERLY A. SWANK , Magistrate Judge . This matter is before the court on Plaintiff's application, filed pursuant to 28 U.S.C. 1915, to proceed in forma pauperis. The standard for determining in forma pauperis status is whether "one cannot because of his poverty pay or give security for the costs. . . and still be able to provide himself and dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 , 339 (1948). Given..
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MEMORANDUM & RECOMMENDATION
KIMBERLY A. SWANK, Magistrate Judge.
This matter is before the court on Plaintiff's application, filed pursuant to 28 U.S.C. § 1915, to proceed in forma pauperis. The standard for determining in forma pauperis status is whether "one cannot because of his poverty pay or give security for the costs. . . and still be able to provide himself and dependents with the necessities of life." Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948).
Given Plaintiff's current financial status, as indicated by the financial affidavit submitted, Plaintiff has failed to demonstrate that payment of the required court costs would deprive Plaintiff of "the necessities of life." Accordingly, it is RECOMMENDED that Plaintiff's application be DENIED and that Plaintiff be given until MMarch 23, 2020, to pay the requisite filing fee.
IT IS DIRECTED that a copy of this Memorandum and Recommendation be served on Plaintiff. Plaintiff is hereby advised as follows:
You shall have until March 6, 2020, to file written objections to the Memorandum and Recommendation. The presiding district judge must conduct his or her own review (that is, make a de novo determination) of those portions of the Memorandum and Recommendation to which objection is properly made and may accept, reject, or modify the determinations in the Memorandum and Recommendation; receive further evidence; or return the matter to the magistrate judge with instructions. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3); Local Civ. R. 1.1 (permitting modification of deadlines specified in local rules), 72.4(b), E.D.N.C.
If you do not file written objections to the Memorandum and Recommendation by the foregoing deadline, you will be giving up the right to review of the Memorandum and Recommendation by the presiding district judge as described above, and the presiding district judge may enter an order or judgment based on the Memorandum and Recommendation without such review. In addition, your failure to file written objections by the foregoing deadline may bar you from appealing to the Court of Appeals from an order or judgment of the presiding district judge based on the Memorandum and Recommendation. See Wright v. Collins, 766 F.2d 841, 846-47 (4th Cir. 1985).