Opinion
Case No. CV414-063
04-25-2014
TERRY A. DICKEY, Plaintiff, v. STAN KOCH & SONS TRUCKING CO., INC., Defendant.
REPORT AND RECOMMENDATION
Plaintiff Terry A. Dickey seeks leave to file this employment-discrimination case without prepayment of the Court's filing fee. Doc. 2. The Court will grant leave to proceed in forma pauperis (IFP) if the plaintiff demonstrates that he cannot, because of poverty, afford to pay the costs of litigation and still provide for himself and any dependents. 28 U.S.C. § 1915(a); Adkins v. E.I. Dupont de Nemours, 335 U.S. 331, 339 (1948); Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2007). While a plaintiff need not be absolutely destitute in order to proceed IFP, the fact that financing his own litigation may cause some difficulty is not sufficient to relieve a plaintiff of his obligation to pay his own way where it is possible for him to do so without undue hardship. Id.
Dickey attests that he is employed and earns $500 to $700 a week ($18,000 in the past year), plus the $6,000 that he receives in entitlement benefits. Doc. 2 at 2. He also owns a $34,000 East Dublin, Georgia home and a 1997 Cadillac. Id. at 3. He discloses $2,600 in debt and lists his wife as a dependent. Id. In that he is able the pay the Court's filing fee without undue hardship, his IFP motion (doc. 2) should be DENIED.
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UNITED STATES MAGISTRATE JUDGE
SOUTHERN DISTRICT OF GEORGIA