Opinion
24-1051-JWB-GEB
11-07-2024
Christopher Means, Plaintiff, v. City of Mulvane Police Department, Angie Collins, Thomas Torske, Toby Grey, M. Scniffl, Pam Turner, Amber Roper, Larry Linn, Kyle Newton, Gordon Fells, Phil Weiser, Joy Williams, and Christopher A. Holzman Defendants.
ORDER
GWYNNE E. BIRZER U.S. Magistrate Judge.
This matter is before the Court on Plaintiff Christopher Means' Motion to Proceed Without Prepayment of Fees (ECF No. 3, sealed ). For the reasons outlined below, Plaintiff's Motion to Proceed Without Prepayment of Fees is GRANTED.
Simultaneously with the filing his Complaint, Plaintiff filed a Motion to Proceed Without the Prepayment of Fees and a supporting Affidavit of Financial Status. Under 28 U.S.C. § 1915(a), the Court has 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.”
ECF Nos. 3 and 3-1, sealed.
Barnett ex rel. Barnett v. Nw. Sch., No. 00-2499-KHV, 2000 WL 1909625, *1 (D. Kan. Dec. 26, 2000) (citing Cabrera v. Horgas, No. 98-4231, 173 F.3d 863, *1 (10th Cir. 1999)).
Id. (quoting White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998)).
To determine whether a party is eligible to proceed without prepayment of the filing fee, the Court reviews the party's financial affidavit and compares the monthly expenses with the monthly income disclosed therein. The Court may also evaluate a plaintiff's assets in determining an ability to pay the filing fee. To succeed, plaintiffs must demonstrate they are financially unable to pay. The current filing fee for a civil complaint in this District is $405.
Alexander v. Wichita Hous. Auth., No. 07-1149-JTM, 2007 WL 2316902, *1 (D. Kan. Aug. 9, 2007) (citations omitted).
Wheeler v. Wichita Police Dep't., No. 97-1076-FGT, 1997 WL 109694, *1 (D. Kan. Feb. 27, 1997) (court denied motion where income was just sufficient to pay expenses, but plaintiff owned vehicle valued at $7,500); Azzun v. Kansas Dept. of Health & Env't, No. 09-4144-SAC, 2009 WL 5171778, *2 (D. Kan. Dec. 22, 2009) (court denied motion where significant home equity).
Both the Tenth Circuit and the District of Kansas have a liberal policy toward permitting proceedings in forma pauperis. Upon thorough review of the income, expenses and assets listed in Plaintiff's Financial Affidavit, the Court finds Plaintiff is financially unable to pay the filing fee.
Mitchell v. Deseret Health Care Facility, No. 13-1360-RDR, 2013 WL 5797609, *1 (D. Kan. Sept. 30, 2013) (citing, generally, Yellen v. Cooper, 828 F.2d 1471 (10th Cir. 1987)).
IT IS THEREFORE ORDERED that Plaintiff Christopher Means' Motion to Proceed Without Prepayment of Fees (ECF No. 3, sealed ) is GRANTED. Although service of process would normally be undertaken by the clerk of court pursuant to 28 U.S.C. § 1915(d) and Fed.R.Civ.P. 4(c)(3), the clerk is directed to stay service of process pending the District Court's screening of Plaintiff's Amended Complaint.
See Shaw v. Howell, No. 24-CV-2300-EFM-TJJ, 2024 WL 3677688, at *1 (D. Kan. July 15, 2024) (withholding service of process pending review under 28 U.S.C. § 1915(e) and jurisdictional review).
IT IS SO ORDERED.