Gunn v. Salt Lake City Corporation.

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
MICHAEL GUNN,
Plaintiff,
v.
SALT LAKE CITY CORPORATION,
Defendant.
REPORT AND RECOMMENDATION
TO DENY MOTION TO WAIVE FILING
FEE (DOC. NO. 2)
Case No. 2:25-cv-00836
District Judge David Barlow
Magistrate Judge Daphne A. Oberg
Michael Gunn has filed a motion to waive the filing fee.1 Under 28 U.S.C.
§ 1915, a federal court may authorize commencement of an action without prepayment
of fees by a person who is unable to pay such fees.2 To qualify for a fee waiver under
§ 1915, a party must show an inability to pay.3 The District of Utah’s local rules permit
the court to “find a party indigent based on the information provided on the form motion
or if a party’s monthly income is equal to or below 200% of the United States poverty
guideline.4
1 (Mot. to Waive Filing Fee (Mot.), Doc. No. 2.)
2 28 U.S.C. § 1915(a)(1).
3 Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005).
4 DUCivR 3-2(a)(1)(A). The local civil rules are available at
https://www.utd.uscourts.gov/sites/utd/files/Civil%20Rules%20Final%202025.pdf.
Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page
1 of 3

2
Mr. Gunn’s motion fails to demonstrate he qualifies for a fee waiver. Mr. Gunn
indicated he is “represented by a lawyer from a legal aid organization,”5 but his counsel of
record is not from a legal aid organization. In addition, Mr. Gunn reported his average
monthly income during the last twelve months as $17,625 per month,6 which is well above
200 percent of the federal poverty guidelines.7 The court previously identified these
deficiencies and ordered Mr. Gunn to supplement the motion by October 17, 2025.8
Specifically, the court ordered Mr. Gunn to (1) explain his allegation that he is
represented by a legal aid attorney, including identifying the legal aid attorney and
case(s) in which he is represented, and (2) explain his inability to pay the filing fee if his
income is $17,625 per month—or clarify if this figure is in error.9 Mr. Gunn has not filed
any supplement. Therefore, Mr. Gunn has not demonstrated an inability to pay the filing
fee.
5 (Mot. 1, Doc. No. 2.)
6 (Id. at 2–3.)
7 See U.S. Dep’t of Health & Human Servs., Office of the Assistant Sec’y for Plan. &
Evaluation, 2025 Poverty Guidelines: 48 Contiguous States (all states except Alaska
and Hawaii) (2025),
https://aspe.hhs.gov/sites/default/files/documents/dd73d4f00d8a819d10b2fdb70d254f7
b/detailed-guidelines-2025.pdf [https://perma.cc/PRE9-RVLU].
8 (See Doc. No. 3.)
9 (Id.)
Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page
2 of 3

3
Accordingly, the undersigned10 recommends the district judge deny the motion.
The undersigned further recommends Mr. Gunn be given thirty days to pay the filing
fee.11 The court will send this Report and Recommendation to Mr. Gunn, who is notified
of his right to object to it. Any objection must be filed within fourteen days of service.12
Failure to object may be considered a waiver of objections.
DATED this 3rd day of December, 2025.
BY THE COURT:
_____________________________
Daphne A. Oberg
United States Magistrate Judge
10 This case is referred to the undersigned magistrate judge under 28 U.S.C.
§ 636(b)(1)(A). (See Doc. No. 5.)
11 See DUCivR 3-2(a)(1)(D).
12 See 28 U.S.C. § 636(b)(1); Fed R. Civ. P. 72(b).
Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page
3 of 3