Opinion
No. 3-05-CV-0651-L.
April 12, 2005
FINDINGS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Plaintiff FTC Chemical Manufacturing, Ltd., a Texas limited partnership appearing pro se, has filed a motion to proceed in forma pauperis. A district court may authorize the commencement of a civil action without the prepayment of fees or costs "by a person who submits an affidavit . . . that [he] is unable to pay such costs or give security therefor." See 28 U.S.C. § 1915(a)(1). However, only natural persons may proceed in forma pauperis under this statute. See Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 202-03, 113 S.Ct. 716, 721-22, 121 L.Ed.2d 656 (1993).
Accordingly, plaintiff's motion to proceed in forma pauperis should be denied. Plaintiff should be ordered to pay the $250.00 statutory filing fee by May 13, 2005. If it fails to do so, this case should be dismissed without further notice.