Opinion
1:22-cv-00398-JDL
12-21-2022
JULIE F. PORTER, Plaintiff[1] v. MAINE DEPARTMENT OF HEALTH AND HUMAN SERVICES et al., Defendants
ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS
KAREN FRINK WOLF, UNITED STATES MAGISTRATE JUDGE
Julie F. Porter, who is unrepresented, has filed an application to proceed in forma pauperis (IFP). See IFP Application (ECF No. 3). IFP status is available under 28 U.S.C. § 1915(a)(1) for persons who are “unable to pay” court filing fees. In deciding whether to grant an IFP application, courts must consider whether an applicant can afford the costs of proceeding without undue hardship or deprivation of the necessities of life. See Strange v. Juice Man, No. 1:20-cv-00466-LEW, 2021 WL 67202, at *1 (D. Me. Jan. 7, 2021).
In her application, Porter attests that her take home pay is $608 per week (which works out to approximately $2400 per month) and that she has $2,000 in the bank. See IFP Application at 1-2. The only expense she lists is a monthly mortgage payment of $1,600. See id. at 2. She does not list any dependents or debts but does note that she went through bankruptcy a little over two years ago. See id.
Given that Porter's monthly income exceeds her monthly expenses by around $800 and that she has $2,000 in the bank right now, I find that she has not demonstrated a present inability to pay this Court's filing fee even considering her somewhat recent bankruptcy. Accordingly, Porter's IFP Application is DENIED, and she is DIRECTED to pay this Court's $402 filing fee by January 12, 2023. If Porter does not pay the filing fee by that date, her case will be subject to dismissal.
NOTICE
In accordance with Federal Rule of Civil Procedure 72(a), a party may serve and file an objection to this order within fourteen (14) days after being served with a copy thereof.
Failure to file a timely objection shall constitute a waiver of the right to review by the District Court and to any further appeal of this order.