4:25-cv-03283•Kuuriraya v. Houston Independent School District
Full text
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION NKOZI KUURIRAYA, Plaintiff, § § § § § § § § § § v. CIVIL ACTION NO. 4:25-cv-3283 HOUSTON INDEPENDENT SCHOOL DISTRICT, Defendant. MEMORANDUM AND RECOMMENDATION ON THIS DAY the Court1 has considered Plaintiff Nkozi Kuuriraya’s (“Plaintiff”) Motion to Proceed In Forma Pauperis (“IFP”). (ECF No. 6). Plaintiff filed an application and declaration under penalty of perjury in support of the Motion. (Id.). “A plaintiff is allowed to proceed in civil cases without the payment of fees or costs if the Court finds that such person is unable to pay such costs or give security therefor. 42 U.S.C. § 2000(e)-5(f)(1)(a).” Voss v. Kijakazi, No. 6:22-cv-173, 2022 WL 20209828, at *1 (E.D. Tex. May 10, 2022). “In determining whether to grant leave to proceed in forma pauperis, a court considers only an applicant’s economic status.” Id. “To qualify for in forma 1 This case was referred to the Undersigned for all purposes pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Federal Rule of Civil Procedure 72. (ECF No. 15). United States District Court Southern District of Texas ENTERED December 04, 2025 Nathan Ochsner, Clerk Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 1 of 6
2 / 6 pauperis status, a party need not be absolutely destitute but must be unable to pay the legal costs and still provide for herself and her dependents.” Id. (citing Bright v. Hickman, 96 F. Supp. 2d 572, 575 (E.D. Tex. 2000)). “An affidavit supporting a motion to proceed in forma pauperis suffices if it states that due to poverty the movant cannot afford to pay the costs and still provide for himself and his dependents.” Id. (citing Mitchell v. Champs Sports, 42 F. Supp. 2d 642, 648 (E.D. Tex. 1998)). “The district court exercises discretion in determining whether to extend the privilege of IFP status to plaintiffs who are unable to pay filing fees.” Hauptrief v. Telford, No. 24-cv-00281, 2024 WL 2871444, at *1 (W.D. Tex. May 3, 2024). In Plaintiff’s application, he states he works for Nubia Maya Religious Assembly, earning $26,600.00 a year, and that his take-home pay or wages are $1,300.00. (ECF No. 6 at 1). Plaintiff claims he does not own any items of value. (Id. at 2). Plaintiff does not list any dependents in his application (id.) but states he has four children in a revised declaration he filed in support of his application (ECF No. 5 at 3). Plaintiff states his expenses total $832.00 per month but he does not describe what these expenses cover. (ECF No. 6 at 2). However, he later states that he spends $1,272.00 total per month on his motel stay, food, and cell phone. (Id. at 8). As for debts or financial obligations, Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 2 of 6
3 / 6 Plaintiff states “$44,449 Department of Education, Comcast and Credit One Bank.” (Id. at 2). Plaintiff also attached documents to his application. (See id.). One document appears to show earnings from a temporary position with Houston Independent School District where the listed annual salary was $64,000.00. (Id. at 3). According to that document, it appears Plaintiff was paid $2,209.70 for the pay period of December 9, 2024–December 22, 2024. (Id.). The other documents allegedly show student loan balances (id. at 4), other debt balances (id.), a hotel receipt that appears to have been paid for (id. at 5), a photo of a computer screen that shows a checking account with a balance of approximately $4,000.00 (id. at 6), and a photo of a retirement savings account (id. at 7) containing $7,536.57. Lastly, Plaintiff attached a document that states he currently serves as a minister, his annual income is approximately $26,600 or about $1,300 per month, and that his income is primarily used for religious purposes and church start-up costs rather than personal use. (Id. at 8). Plaintiff also states he is currently homeless and residing temporarily in a motel. (Id.). For his motel stay, food, and cell phone, Plaintiff states he spends $1,272.00 total per month. (Id.). Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 3 of 6
4 / 6 If Plaintiff spends between $832.00 and $1,272.00 per month on expenses, that appears to encompass most of his monthly income. However, the Court notes that Plaintiff indicates he has additional resources of approximately $4,000.00 in a checking account and $7,536.57 in a retirement savings account. (ECF No. 6 at 6–7). It is also unclear whether Plaintiff has dependents. (See ECF No. 5 at 3; ECF No. 6 at 2). Ultimately, it is Plaintiff’s burden to show he is entitled to proceed IFP, and any confusion cuts against his application. See Linwood v. Fin. Am., LLC, No. 3:24-cv-1963, 2024 WL 3682299, at *1 (N.D. Tex. Aug. 6, 2024). Assuming Plaintiff does not have any dependents, he would be considered a family of one. The applicable poverty guideline for a family of one is $15,650. U.S. Department of Health & Human Services, Office of the Assistant Secretary for Planning and Evaluation, U.S. Federal Poverty Guidelines Used to Determine Financial Eligibility for Certain Programs, https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (last visited December 2, 2025). Based on his sworn application, Plaintiff’s annual household income totals $26,600, which is well above the poverty guideline for a family of one. Based on his income as a family of one, combined with the additional resources of his checking and retirement accounts, the Court finds that Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 4 of 6
5 / 6 Plaintiff's application shows he has resources to pay the $405.00 filing fee. See Moates v. Biden, No. 6:22-cv-626, 2022 WL 3566451, at *1 (W.D. Tex. June 29, 2022), report and recommendation adopted, No. 6:22-cv-626, 2022 WL 18110176 (W.D. Tex. Oct. 18, 2022) (finding a plaintiff over the poverty line and with $122 in a checking account showed he had enough resources to pay the applicable filing fee). Based on the foregoing, the Court RECOMMENDS Plaintiff’s Motion to Proceed IFP (ECF No. 6) be DENIED WITHOUT PREJUDICE. Should this Memorandum and Recommendation be adopted by the District Court Judge, Plaintiff must pay the full filing fee of $405.00 or submit a clarifying motion to proceed IFP showing that he is entitled to proceed without payment of fees within 21 days of the Order adopting the Memorandum and Recommendation. Failure to comply may result in this Court recommending the case be dismissed without prejudice under Federal Rule of Civil Procedure 41(b). The Clerk shall send copies of this Memorandum and Recommendation to the respective parties who have fourteen days from the receipt thereof to file written objections thereto pursuant to Federal Rule of Civil Procedure 72(b) and General Order 2002-13. Failure to file written objections within the time Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 5 of 6
6 / 6 period mentioned shall bar an aggrieved party from attacking the factual findings and legal conclusions on appeal. SIGNED in Houston, Texas on December 4, 2025. Richard W. Bennett United States Magistrate Judge Case 4:25-cv-03283 Document 16 Filed 12/04/25 in TXSD Page 6 of 6
Wondering how this text applies to your situation?
Free consultation, no commitment
Describe your situation. Our team will contact you by email about your consultation.
Continue your research in ChatGPT or Claude
Connect Omnilex to search the legal corpus from your AI assistant.