Opinion
Case No. 11-2241-SAC.
May 4, 2011
ORDER
On April 26, 2011, plaintiff filed an application for leave to proceed without prepayment of fees and an affidavit of financial status (Doc. 4). 28 U.S.C. § 1915(a)(1), states as follows:
. . . any court of the United States may authorize the commencement, prosecution or defense of any suit, action or proceeding . . . without prepayment of fees or security therefor, by a person who submits an affidavit . . . that the person is unable to pay such fees or give security therefor.
The filing fee in civil cases is presently $350.00. 28 U.S.C. § 1914(a). It is this fee for which plaintiff seeks a waiver.
Section 1915(a)(1) gives a district court discretion to grant permission for a movant to proceed in forma pauperis (IFP). While a trial court has wide discretion in denying an application to proceed IFP, in denying such applications a court may not act arbitrarily. Nor may it deny the application on erroneous grounds. United States v. Garcia, 164 Fed. Appx. 785, 786 n. 1 (10th Cir. Jan. 26, 2006). To succeed on a motion to proceed IFP, the movant must show a financial inability to pay the required filing fees. Id; Lister v. Dept. of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005).
The affidavit of financial status filed by the plaintiff is missing page 4; thus, plaintiff failed to provide information on total amount of cash on hand or in a bank account, or a list of any money he had received in the last 12 months. Without this information, the court is not in a position to determine if the plaintiff is unable to pay the filing fee. Plaintiff is therefore requested to file a supplemental affidavit which fully sets out plaintiff's financial status.
IT IS THEREFORE ORDERED that plaintiff shall either submit a supplemental affidavit, or pay the filing fee, no later than May 31, 2011.