Opinion
Case No. 21-1121-JAR-GEB
05-11-2021
JAMES D. MALICK, Plaintiff, v. PALM BEACH COUNTY SHERIFF'S OFFICE, and RIC BRADSHAW, SHERIFF, Defendants.
ORDER
This matter is before the Court on Plaintiff James D. Malick's Motion to Proceed In Forma Pauperis (ECF No. 3, sealed) and supporting Affidavit of Financial Status (ECF No. 3-1 sealed). For the reasons outlined below, Plaintiff's Motion (ECF No. 3) is found to be MOOT.
Under 28 U.S.C. § 1915(a), the Court has the discretion to authorize the filing of a civil case "without prepayment of fees or security thereof, by a person who submits an affidavit that . . . the person is unable to pay such fees or give security thereof." "Proceeding in forma pauperis in a civil case 'is a privilege, not a right—fundamental or otherwise.'" To determine whether a party is eligible to file without prepayment of the fee, the Court commonly reviews the party's financial affidavit and compares his or her monthly expenses with the monthly income disclosed therein.
Barnett ex rel. Barnett v. Nw. Sch., No. 00-2499, 2000 WL 1909625, at *1 (D. Kan. Dec. 26, 2000) (citing Cabrera v. Horgas, 173 F.3d 863, at *1 (10th Cir. April 23, 1999)).
Id. (quoting White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998)).
Alexander v. Wichita Hous. Auth., No. 07-1149-JTM, 2007 WL 2316902, at *1 (D. Kan. Aug. 9, 2007) (citing Patillo v. N. Am. Van Lines, Inc., No. 02-2162-JWL-DJW, 2000 WL 1162684, at *1) (D. Kan. Apr. 15, 2002) and Webb v. Cessna Aircraft, No. 00-2229-JWL-DJW, 2000 WL 1025575, at *1 (D. Kan. July 17, 2000)).
However, before the Court had the opportunity to consider Plaintiff's request, Plaintiff paid the filing fee. (See ECF entry, dated May 7, 2021.) For this reason, IT IS THEREFORE ORDERED that Plaintiff's Motion to Proceed Without Prepayment of Fees (ECF No. 3) is found to be MOOT.
Additionally, Plaintiff is reminded that despite his status as a pro se litigant, he is expected to adhere to the federal and local court rules regarding civil procedure, filing, etc. Plaintiff should refer to the Pro Se Guide and other resources for self-represented litigants available on the Court website at: http://ksd.uscourts.gov/index.php/self-represented-litigants/. Because Plaintiff does not proceed in forma pauperis, he is responsible for ensuring Defendants are notified of this lawsuit. Plaintiff's deadline for service of the Summons and Complaint upon Defendants under Fed. R. Civ. P. 4(m) is 90 days from the date of filing his case, which makes the deadline for service expire on August 2, 2021. Therefore, Plaintiff is encouraged to review the resources available on the website in order to achieve proper service in this matter such that this case will continue to move forward as expeditiously as possible.
IT IS SO ORDERED.
Dated at Wichita, Kansas this 11th day of May 2021.
s/ Gwynne E. Birzer
GWYNNE E. BIRZER
United States Magistrate Judge