Filed: Feb. 10, 2020
Latest Update: Feb. 10, 2020
Summary: REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc 2). Upon due consideration I respectfully recommend that the motion be DENIED. Plaintiff Hector Rinaldo Perez appeals to this Court from an adverse administrative ruling by Defendant Commissioner of Social Security (Doc. 1). Plaintiff seeks to proceed in forma pauperis. However, his application shows that he r
Summary: REPORT AND RECOMMENDATION THOMAS B. SMITH , Magistrate Judge . Pending before the Court is Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc 2). Upon due consideration I respectfully recommend that the motion be DENIED. Plaintiff Hector Rinaldo Perez appeals to this Court from an adverse administrative ruling by Defendant Commissioner of Social Security (Doc. 1). Plaintiff seeks to proceed in forma pauperis. However, his application shows that he re..
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REPORT AND RECOMMENDATION
THOMAS B. SMITH, Magistrate Judge.
Pending before the Court is Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Doc 2). Upon due consideration I respectfully recommend that the motion be DENIED.
Plaintiff Hector Rinaldo Perez appeals to this Court from an adverse administrative ruling by Defendant Commissioner of Social Security (Doc. 1). Plaintiff seeks to proceed in forma pauperis. However, his application shows that he receives $3,100 per month in VA disability payments and that his expenses total $1,889 per month, which leaves Plaintiff with $1,211 per month in disposable income to pay the filing fee (Doc. 2 at 1-2). Before filing this Report and Recommendation I gave Plaintiff 14-days to supplement his application to provide evidence that he truly is indigent (Doc. 4). The 14-days has passed, and Plaintiff has not provided any additional information.
Title 28 of the United States Code, Section 1915 which governs in forma pauperis motions filed in federal court provides in part that:
[A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding, civil or criminal, or appeal therein, without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] prisoner possesses that the person is unable to pay such fees or give security therefor.
28 U.S.C. § 1915(a)(1). Plaintiff's application fails to demonstrate that he is unable to pay the filing fee in this Court. Consequently, I respectfully recommend that Plaintiff's application to proceed in forma pauperis be DENIED, and that Plaintiff be given 14 days to pay the filing fee. If Plaintiff fails to pay the filing fee within 14-days then I recommend that this action be dismissed without prejudice, without further order of the Court.
Notice to Parties
A party has fourteen days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any un-objected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1.
RESPECTFULLY RECOMMENDED.
