Brown v. City of Minneapolis, The et al

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UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
WILLIE B. BROWN, JR.,
Plaintiff,
v.
THE CITY OF MINNEAPOLIS;
MICHAEL A. HEYER, Minneapolis
Police Sgt.; PATRICK BRYAN,
Minneapolis Police Officer; SHANY,
partner officer of the 4th precinct;
HENNEPIN COUNTY; JOHN DOE,
HCMC Security Guards, 4-5; JANE DOE,
HCMC Security Guards, 1-2; SHALA
JACOBSON, Nurse; JANE DOE,
Nurse 1, all individually and in their
official capacities; SUPERVISORS,
individually and in their official
capacities; and THE HENNEPIN
COUNTY MEDICAL CENTER
Defendants.
Case No. 26-CV-0713 (PAM/JFD)
ORDER
Plaintiff Willie B. Brown, Jr., a prisoner, has applied for in forma pauperis (“IFP”)
status in this proceeding. See Dkt. No. 2. “The central question [when assessing an IFP
application] is whether the movant can afford the costs of proceeding without undue
hardship or deprivation of the necessities of life.” Ayers v. Tex. Dep’t of Crim. Justice, 70
F.3d 1268, 1268 (5th Cir. 1995) (per curiam). The documents submitted by Mr. Brown
show that he has $21,500 in savings available to him from which to pay the $405.00 filing
fee in this matter. See IFP Application at 6 [Dkt. No. 2]. This is an extraordinarily
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substantial amount of liquid assets for any IFP applicant, much less a prisoner whose daily
necessities are largely provided for by the state. Mr. Brown could easily pay the filing fee
for this matter without any risk of “undue hardship or deprivation of the necessities of life.”
Ayers, 70 F.3d at 1268.
Accordingly, the IFP application is denied. Mr. Brown must pay the $405.00 filing
fee within 21 days of the date of this order, failing which it will be recommended that this
matter be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).
Mr. Brown is warned that should he elect to pay the filing fee and proceed as a non-IFP
litigant, his complaint will remain subject to preliminary review under 28 U.S.C. § 1915A.
The filing fee will not be refunded regardless of whether Mr. Brown’s pleading survives
that review.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED THAT:
1. 	The application to proceed in forma pauperis of plaintiff Willie B. Brown,
Jr. [Dkt. No. 2] is DENIED.
2. 	Mr. Brown must pay the $405.00 filing fee for this matter within 21 days of
the date of this order, failing which it will be recommended that this matter
be dismissed without prejudice for failure to prosecute.
Date: February 9, 2026 	s/ John F. Docherty
John F. Docherty
United States Magistrate Judge
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