Opinion
No. 3:02-CV-0476-G
April 29, 2002
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636 (b) and an Order of the Court in implementation thereof, subject cause has previously been referred to the United States Magistrate Judge. The findings, conclusions, and recommendation of the Magistrate judge are as follows:
FINDINGS AND CONCLUSIONS
Before the Court is plaintiffs motion to proceed in forma pauperis in the instant action. Plaintiff sues her former employer for racial discrimination and retaliation. She seeks to proceed with this action without paying the requisite filing fee. To better gauge the financial ability of plaintiff to pay the fee, the Court sent plaintiff an Order for Additional Financial Information. Plaintiff thereafter submitted additional financial information. After carefully evaluating the submitted documentation, this Court finds that plaintiff has sufficient assets to pay the full filing fee in this action.
Whether to permit or deny an applicant to proceed in forma pauperis is within the sound discretion of the Court. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); see also, 28 U.S.C. § 1915 (a). Courts should make the assessment of financial ability after considering whether payment of the filing fee will result in the petitioner "suffering undue financial hardship." Prows, 842 F.2d at 140. "This entails a review of other demands on individual plaintiffs' financial resources, including whether the expenses are discretionary or mandatory." Id.
The Additional Financial Questionnaire indicates that plaintiff and her spouse gross $3,000 per month. The questionnaire further reveals monthly expenses of $2,471.19, including all creditors. Plaintiffs gross family income thus exceeds her expenses by over $500 per month. The Court notes, furthermore, that of her monthly expenses, $487 goes for a mortgage payment on her mother's mobile home, $275.19 goes for a car payment, and another $475 goes for a van payment. In view of the income in excess of expenses and considering the nature of some of the expenses, the Court concludes that plaintiff will not suffer undue financial hardship after payment of the $150.00 filing fee.
RECOMMENDATION
For the foregoing reasons, the undersigned Magistrate judge RECOMMENDS that the Court DENY plaintiffs request to proceed in forma pauperis. He further RECOMMENDS that the District Court inform plaintiff that her Complaint will be subject to dismissal without notice, unless she tenders the $150.00 filing fee within thirty (30) days of the District Court's order or obtains an extension of time in which to pay the filing fee.
The Clerk will mail a copy of this recommendation to plaintiff.
INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT
The United States District Clerk shall serve a copy of these findings, conclusions, and recommendation on all parties by mailing a copy to each of them. Pursuant to 28 U.S.C. § 636 (b)(1), any party who desires to object to these findings, conclusions and recommendation must file and serve written objections within ten (10) days after being served with a copy. A party filing objections must specifically identify those findings, conclusions, or recommendation to which objections are being made. The District Court need not consider frivolous, conclusory or general objections. Failure to file written objections to the proposed findings, conclusions, and recommendation within ten days after being served with a copy shall bar the aggrieved party from appealing the factual findings and legal conclusions of the Magistrate Judge that are accepted by the District Court, except upon grounds of plain error. Douglass v. United Servs. Auto Ass'n, 79 F.3d 1415, 1428-29 (5th Cir. 1996) ( en banc).