Opinion
22-1257-JWB-GEB
11-18-2022
RAVEN OCTAVIA SUTTER, Plaintiff, v. JAMES TYLER FINCHER, Defendant.
ORDER
GWYNNE E. BIRZER UNITED STATES MAGISTRATE JUDGE
This matter is before the Court on Plaintiff Raven Octavia Sutter's Motion to Proceed Without Prepayment of Fees (ECF No. 2, sealed) and supporting Affidavit of Financial Status (ECF No. 2-1 sealed). For the reasons outlined below, Plaintiff's Motion (ECF No. 2) is GRANTED.
Pursuant to 28 U.S.C. § 1915(a), the Court has discretion to authorize 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.'”The Court reviews the party's financial affidavit and compares his or her monthly expenses with the monthly income disclosed therein, to determine whether a party is eligible to file without prepayment of the fee,
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. 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, *1 (D. Kan. Aug. 9, 2007) (citing Patillo v. N. Am. Van Lines, Inc., No. 02-2162-JWL, 2000 WL 1162684, *1) (D. Kan. April. 15, 2002) and Webb v. Cessna Aircraft, No. 00-2229-JWL, 2000 WL 1025575, *1 (D. Kan. July 17, 2000)).
The Tenth Circuit Court of Appeals and this Court have a liberal policy toward permitting proceedings in forma pauperis. After careful review of Plaintiff's financial resources (ECF No. 2-1 sealed), and comparison of Plaintiff's listed monthly income and listed monthly expenses, the Court finds she 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's Motion to Proceed Without Prepayment of Fees (ECF No. 2) is GRANTED.
IT IS FURTHER ORDERED Service of process shall be undertaken by the clerk of court under 28 U.S.C. § 1915(d) and Fed.R.Civ.P. 4(c)(3.)
IT IS SO ORDERED.