Opinion
Case No. 18-4019-SAC-GEB
05-07-2018
WILLIAM CONRAD YEAGER, II, Plaintiff, v. NATIONAL PUBLIC RADIO, et al., Defendants.
ORDER
This matter is before the Court on Plaintiff's Motion to Proceed without Prepayment of Fees (ECF No. 3, sealed); his Amended Motion to Proceed without Prepayment of Fees (ECF No. 4, sealed) and the financial affidavit attached to his amended motion (ECF No. 4-1, sealed). For the reasons outlined below, Plaintiff's Motions to Proceed without Prepayment of Fees (ECF Nos. 3, 4) are GRANTED.
Under 28 U.S.C. § 1915(a), the Court has the discretion to authorize the 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.'" To determine whether a party is eligible to file without prepayment of the fee, the Court commonly reviews that party's financial affidavit and compares his or her monthly expenses with the monthly income disclosed therein. In his applications and financial affidavit, Plaintiff indicates he is not currently employed, possesses minimal assets, and his monthly expenses exceed his monthly income. In keeping with the Court's liberal policy toward permitting proceedings in forma pauperis, and after careful review of Plaintiff's Motions and Affidavit of Financial Status (ECF Nos. 3 and 4, sealed), the Court finds he is financially unable to pay the filing fee.
Barnett ex rel. Barnett v. Nw. Sch., No. 00-2499, 2000 WL 1909625, at *1 (D. Kan. Dec. 26, 2000) (citing Cabrera v. Horgas, 173 F.3d 863, at *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, at *1 (D. Kan. Aug. 9, 2007) (citing Patillo v. N. Am. Van Lines, Inc., No. 02-2162-JWL-DJW, 2000 WL 1162684, at *1) (D. Kan. Apr. 15, 2002) and Webb v. Cessna Aircraft, No. 00-2229-JWL-DJW, 2000 WL 1025575, at *1 (D. Kan. July 17, 2000)).
See generally, Yellen v. Cooper, 828 F.2d 1471 (10th Cir. 1987).
IT IS THEREFORE ORDERED that Plaintiff's Motions to Proceed without Prepayment of Fees (ECF Nos. 3, 4) are GRANTED. Because Plaintiff proceeds in forma pauperis, the clerk of the court shall take the appropriate steps to serve Defendants with the summons and Complaint as provided under 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3).
IT IS SO ORDERED.
Dated at Wichita, Kansas this 7th day of May 2018.
s/ Gwynne E. Birzer
GWYNNE E. BIRZER
United States Magistrate Judge