Sanders Jr v. Cash et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
Floyd Irvin Sanders Jr.,
Plaintiff,
v.
Phillip Cash, et al.,
Defendants.
§
§
§
§
§
§
§
Civil Action H-25-5407
MEMORANDUM AND RECOMMENDATION
Pending before the court is Plaintiff’s Application to Proceed
in District Court Without Prepaying Fees or Costs. ECF No. 2. The
court recommends that Plaintiff’s motion, ECF No. 2, be DENIED.
1. Legal Standard and Analysis
Plaintiff Floyd Irvin Sanders Jr. requests to proceed in forma
pauperis. ECF No. 2. The court may grant in forma pauperis status
to an indigent litigant “who submits an affidavit that includes a
statement of all assets such [person] possesses that the person is
unable to pay such fees or give security therefor.” 28 U.S.C.
§ 1915(a)(1).
“[A] district court’s determination of whether a party may
proceed in forma pauperis must be based solely upon economic
criteria.” Gibbs v. Jackson, 92 F.4th 566, 569 (5th Cir. 2024).
“[T]here 	is 	no 	requirement 	that 	an 	individual 	‘be 	absolutely
destitute’ or spend ‘the last dollar they have’ towards the payment
of court costs to enjoy the benefit of in forma pauperis status.” Id.
(citing 	Adkins 	v. 	E.I. 	Du 	Pont 	De 	Nemours 	& 	Co., 	Inc., 	335
U.S. 331, 337 (1948)). The question is whether the plaintiff can
afford the costs without undue financial hardship or deprivation of
“the necessities of life.” Martinez v. Tex. Gen. Land Office, No. 25-
United States District Court
Southern District of Texas
ENTERED
February 13, 2026
Nathan Ochsner, Clerk
Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 1 of 3

2
CV-01745, 2025 WL 3259304, at *1 (W.D. Tex. Nov. 3, 2025) (citing
Adkins, 335 U.S. at 339).
Courts 	consider 	the 	litigant’s 	financial 	resources 	and
expenses 	and 	whether 	those 	expenses 	are 	discretionary 	or
mandatory. Moates v. Biden, No. 22-CV-0626, 2022 WL 3566451,
at *1 (W.D. Tex. June 29, 2022) (citing Prows v. Kastner, 842
F.2d 138, 140 (5th Cir. 1988)), R. & R. adopted, 2022 WL 18110176
(W.D. Tex. Oct. 18, 2022). Courts may look to where the litigant’s
reported income is in relation to applicable poverty guidelines. Id.
Sanders reports that his monthly income is $3,892.45, which
equals $46,709.40 annually. ECF No. 2 at 1. Sanders also indicates
that he has additional resources of $1,510 in a checking or savings
account. 	Id. 	at 	2. 	Sanders’s 	reported 	monthly 	expenses 	total
approximately 	$3,615. 	Id. 	at 2. 	Sanders did not report 	other
monthly expenses. Sanders does not have any dependents. Id.
The poverty guideline for an individual with no dependents
is $15,960. U.S. Dep’t of Health & Human Serv., Office of the
Assistant 	Sec’y 	for 	Planning 	and 	Evaluation, 	HHS 	Poverty
Guidelines 	for 	2026, 	https://aspe.hhs.gov/topics/poverty-econo
mic-mobility/poverty-guidelines 	(last 	visited 	Feb. 	12, 	2026).
Sanders’s annual household income is well above the poverty
guideline. His income appears to exceed his reported expenses by
more than $270 each month. Thus, Sanders’s financial affidavit
does not show that paying the court costs and fees would cause him
undue financial hardship or deprivation of “the necessities of life.”
Cf. Moates, 2022 WL 3566451 at *1; see also Linwood v. Fin. Am.,
LLC, No. 24-CV-01963, 2024 WL 3682299, at *1 (N.D. Tex. Aug. 6,
2024). Accordingly, the court recommends that Sanders’s request
to proceed in forma pauperis be DENIED.
Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 2 of 3

3
2. Conclusion
The court recommends that Sanders’s Application to Proceed
in District Court Without Prepaying Fees or Costs, ECF No. 2, be
DENIED.
The 	parties 	have 	fourteen 	days 	from 	service 	of 	this
Memorandum and Recommendation to file written objections. 28
U.S.C. 	§ 636(b)(1); 	Fed. 	R. 	Civ. 	P. 	72. 	Failure 	to 	timely 	file
objections will preclude appellate review of factual findings or legal
conclusions, 	except 	for 	plain 	error. 	See 	Thomas 	v. 	Arn, 	474
U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276–
77 (5th Cir. 1988).
Signed at Houston, Texas on February ____, 2026.
______________________________________
Peter Bray
United States Magistrate Judge
13
Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 3 of 3