Amato et al. v. Montgomery et al.

UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
Regan Amato, et al., 	Case No. 3:25-cv-1821
Plaintiffs,
v. 	ORDER
Fire Investigator Mark Montgomery, et al.,
Defendants.
On September 2, 2025, Plaintiffs Regan Amato and William J. Amato filed this civil action.
(Doc. No. 1). They did not pay the filing fee. While Plaintiff Regan Amato filed an application to
proceed in forma pauperis, (Doc. No. 2), Plaintiff William J. Amato did not.
Pursuant to 28 U.S.C. § 1915, this Court may authorize the commencement of any action
without prepayment of filing fees if the litigant submits an affidavit that includes a statement of all
assets, income, and debt that demonstrates the person is unable to pay the filing fee. 28 U.S.C.
§ 1915(a)(1). Pauper status does not require absolute destitution. Foster v. Cuyahoga Dep’t of Health &
Human Servs., 21 F. App’x 239, 240 (6th Cir. 2001). Instead, the Court must examine the affidavit
and determine whether the litigant can pay the court costs without undue hardship. Id. It is within
the Court’s discretion to allow a litigant to proceed in forma pauperis (“IFP”). Id. Proceeding in
forma pauperis is a privilege, and not a right. Wilson v. Yaklich, 148 F.3d 596, 603 (6th Cir. 1998).
Here, Plaintiffs have not demonstrated an inability to pay the filing fee because they did not
provide the Court with the requisite information showing neither could pay the court costs without
undue hardship.
Case: 3:25-cv-01821-JJH Doc #: 14 Filed: 11/19/25 1 of 2. PageID #: <pageID>

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Within thirty (30) days of this Order, Plaintiffs shall either: (a) pay the full filing fee of $405;
or (b) file an application to proceed IFP that has been completed by Plaintiff William J. Amato. I
direct the Clerk to mail a blank copy of the application to Mr. Amato with this Order. Failure to
comply with this Order may result in dismissal of this case without further notice.
Until this matter has been resolved, this case is stayed. No decision will be issued on any
pending motion, and any and all deadlines currently in effect are stayed.
So Ordered.
s/ Jeffrey J. Helmick
United States District Judge
Case: 3:25-cv-01821-JJH Doc #: 14 Filed: 11/19/25 2 of 2. PageID #: <pageID>