Opinion
3-05-CV-502-L.
April 22, 2005
REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE
Pursuant to the provisions of 28 U.S.C. § 636(b), and the court's order of implementation thereof came on to be considered Plaintiff's Motion for Leave to Proceed In Forma Pauperis filed on March 14, 2005, and the magistrate judge finds and recommends as follows:
Plaintiff's motion was filed contemporaneously with her complaint in the above styled and numbered action. Upon review of her affidavit executed on March 9, 2005, and concluding that the information provided was insufficient to address the merits of her motion, on March 21, 2005, the court issued its order directing Plaintiff to complete the attached affidavit form which was transmitted to her counsel of record. In accordance with the court's directives, Ms. Robertson executed a completed affidavit on April 10, 2005, which was filed on April 15, 2005.
The respective affidavits show that Plaintiff is employed with gross monthly income of $1,310.00 a month (net income of $1,067.94), that her monthly net income exceeds her monthly expenses by more than $200.00, and that she owns her own residence which she estimates has a value of between 12 and 15 thousand dollars with no disclosed outstanding mortgage.
RECOMMENDATION:
For the foregoing reasons it is recommended that the District Court find that Plaintiff is not a person entitled to proceed in forma pauperis and that her motion to proceed in forma pauperis be denied and that she be given a period of twenty (20) days from the date of the District Court's order within which to tender the $250.00 filing fee.
A copy of this recommendation shall be transmitted to Plaintiff's counsel.