Filed: Mar. 09, 2012
Latest Update: Mar. 09, 2012
Summary: REPORT AND RECOMMENDATION 1 THOMAS E. MORRIS, Magistrate Judge. This case is before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Doc. #2, Application), which the Court construes as a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a)(1). Plaintiff has made an unsworn affidavit stating under penalty of perjury that the information in the Application is true. For the reasons noted below, the Court fi
Summary: REPORT AND RECOMMENDATION 1 THOMAS E. MORRIS, Magistrate Judge. This case is before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Doc. #2, Application), which the Court construes as a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a)(1). Plaintiff has made an unsworn affidavit stating under penalty of perjury that the information in the Application is true. For the reasons noted below, the Court fin..
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REPORT AND RECOMMENDATION1
THOMAS E. MORRIS, Magistrate Judge.
This case is before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Doc. #2, Application), which the Court construes as a motion for leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1). Plaintiff has made an unsworn affidavit stating under penalty of perjury that the information in the Application is true. For the reasons noted below, the Court finds Plaintiff's motion to proceed in forma pauperis is due to be denied without prejudice to filing a paid complaint.
Pursuant to 28 U.S.C. § 1915(a)(1), the Court may, upon a finding of indigency, authorize the commencement of an action without requiring the prepayment of costs, fees, or security. The Court's decision to grant in forma pauperis status is discretionary (Pace v. Evans, 709 F.2d 1428 (11th Cir. 1983)) and should be "bestowed only upon those who are truly indigent." Antonelli v. Bureau of Alcohol, Tobacco and Firearms, No. 85-C-0005, 1985 WL 1613, at *1 (N.D. Ill. May 28, 1985).2
Here, Plaintiff's affidavit of indigency reveals that she has a monthly income of $1,900 (Doc #2 at 1). Plaintiff has no dependents. Plaintiff's average monthly expenses, although significant, do not exceed her monthly income. In addition, Plaintiff has $70,000 equity in her home and owns a 1999 Volvo worth $2,000. Thus, Plaintiff currently has an annual income of approximately $22,800, which is slightly more than double the official poverty guidelines for a family of one, which is $11,170. See Annual Update of the HHS Poverty Guidelines, 77 Fed. Reg. 4034-02 (Jan. 26, 2012).
The undersigned finds that the court costs associated with Plaintiff's suit are not beyond her reach and in forma pauperis status should be denied. See Lopez-Ruiz v. Tripler Army Medical Center's Postdoctoral Fellowship in Clinical Psychology, No. 11-0066-JMS/BMK, 2011 WL 486952 (D. Hawaii Feb. 4, 2011) (denying in forma pauperis status where plaintiff had annual income of $21,600 and one dependent); Williams v. USPS, No. 3:10-cv-435-WHB-LRA, 2010 WL 3828922 (S.D. Miss. Aug. 10, 2010) (denying in forma pauperis status where plaintiff owned valuable assets and received $2,000 in monthly income); Terry v. Texas Dep't of Criminal Justice, No. 1:10-cv-50, 2010 WL 1610084 (E.D. Tex. Mar. 25, 2010) (denying in forma pauperis status where plaintiff's annual income of $24,000 more than doubled the official poverty guideline for family of one); Bell v. J.P. Morgan Chase, No. 8:08-cv-1545-T-30TBM, 2008 WL 4080267 (M.D. Fla. Aug. 28, 2008) (denying in forma pauperis status for plaintiff, who was married and had three children, where household income totaled $37,200 a year).
Plaintiff's income should allow her to pay the filing and service fee in order to commence this action without undue hardship if given a reasonable amount of time to tender the requisite amount. See Williams, 2010 WL 3828922 (allowing plaintiff ninety days to pay filing fee); Terry, 2010 WL 1610084 (same).
Accordingly, it is hereby RECOMMENDED:
1. Plaintiff's motion to proceed in forma pauperis, as construed from the financial affidavit (Doc. #2), be DENIED.
2. Plaintiff should be allowed ninety (90) days to pay the filing fees associated with the instant action. All of the costs associated with the filing of this lawsuit should be paid within ninety days or this case should be dismissed without prejudice.
DONE AND ENTERED.
