Summary
denying motion because "Plaintiff is employed, with monthly income exceeding her monthly expenses by approximately $600.00"
Summary of this case from Kina v. Kan. Dep't for Children & FamiliesOpinion
Civil Action No. 00-2229-JWL
July 17, 2000.
MEMORANDUM AND ORDER
Plaintiff has applied for leave to file this action without payment of fees, costs, or security and has submitted an affidavit of financial status in support thereof (doc. 2). Plaintiff seeks a waiver of the filing fee, which is $150.00.
28 U.S.C. § 1915(a) sets forth the circumstances under which an individual is allowed to bring proceedings in forma pauperis. That statute provides that "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."
Proceeding in forma pauperis in a civil case "is a privilege, not a right — fundamental or otherwise." White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998), cert. denied, 526 U.S. 1008 (1999). The decision to grant or deny in forma pauperis status under § 1915 lies within the sound discretion of the trial court. Cabrera v. Horgas, No. 98-4231, 1999 WL 241783, at *1 (10th Cir. Apr. 23, 1999); Cross v. General Motors Corp., 721 F.2d 1152, 1157 (8th Cir. 1983); Lewis Buggs v. Riverside Hosp., No. 97-1088-WEB, 1997 WL 321289, at *8 (D.Kan. Apr. 9, 1997). This is especially true in civil cases for damages wherein the courts should grant the privilege "sparingly." Id. In denying such applications, however, a court must not act arbitrarily or deny the application on erroneous grounds. Id.
Plaintiff's affidavit of financial status indicates that she is employed by Pitt Plastics, with a net monthly income of $1,080.00. The affidavit also indicates that she receives $200.00 per month in workers' compensation benefits relating to her deceased husband. Plaintiff indicates that she has monthly rental and grocery expenses of approximately $380.00. She also lists monthly expenses in the approximate amount of $202.00 for health and car insurance and telephone and utilities. She lists monthly expenses in the amount of $81.00 for payments on student loans and/or other educational expenses. She lists four credit card debts with monthly payments totaling $20.00. (No monthly payments are listed for two of the four debts.) She owns a 1992 automobile without any encumbrances. In addition, she has approximately $250.00 in cash or in a checking account.
Plaintiff indicates she is "paying off" a $120 gas bill but does not indicate the amount of monthly payments or what her normal monthly gas expenses are. The Court will assume that her monthly expenses for gas, including the monthly "pay off," are approximately $20.00.
Plaintiff actually lists five credit cards, but because one of them has an outstanding balance of only $1.47, the Court will not consider that debt.
In sum, Plaintiff is employed, with monthly income exceeding her monthly expenses by approximately $600.00. She owns a 1992 automobile and has $250.00 in cash or a checking account. Based on this information, the Court finds that she is able to pay the $150.00 filing fee. See Buggs, 1997 WL 321289, at *8) (denying application to proceed in forma pauperis where net monthly income was approximately $1,500.00 and monthly expenses $1,115.92).
Even if the Court were to include an additional $100 monthly payment for the credit card debts for which she fails to identify the amount of monthly payments, her monthly income would still exceed her monthly expenses by approximately $500.
For the foregoing reasons, Plaintiff's Motion for Application for Leave to File Action Without Payment of Fees, Costs or Security (doc. 2) is hereby denied.
IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 17th day of _____.