Fuller v. State of Hawaii et al

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
ANTHONY T. FULLER
Plaintiff,
vs.
STATE OF HAWAII, HONOLULU
POLICE DEPARTMENT, VERONICA
SEDENO, KAMUELA PETTUS
Defendants.
CIV. NO. 24-00141 HG-RT
FINDINGS AND
RECOMMENDATION TO DENY
APPLICATION TO PROCEED IN
DISTRICT COURT WITHOUT
PREPAYING FEES OR COSTS
FINDINGS AND RECOMMENDATION TO DENY
APPLICATION TO PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR COSTS
Before the Court is pro se litigant Plaintiff Anthony T. Fuller’s (“Plaintiff”)
Application to Proceed in District Court without Prepaying Fees or Costs, filed on
March 28, 2024. ECF No. 2. The Court elects to decide the Application without a
hearing pursuant to Rule 7.1(d) of the Local Rules of Practice for the United States
District Court for the District of Hawaii. After careful review of the Application
and relevant law, the Court recommends that the Application be DENIED.
A court may authorize the commencement or prosecution of any suit without
prepayment of fees if the litigant submits an affidavit stating that the litigant is
unable to pay the required fees. See Escobedo v. Applebees, 787 F.3d 1226, 1234
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(9th Cir. 2015) (citing Adkins v. E.I. DuPont de Nemours & Co., Inc., 335 U.S.
331, 339 (1948)) (the affidavit “is sufficient where it alleges that the affiant cannot
pay the court costs and still afford the necessities of life.”). In determining in
forma pauperis (“IFP”) status, the Court considers whether the applicant’s annual
income surpasses the poverty threshold as determined by the Department of Health
and Human Services (“HHS”) 2024 Poverty Guidelines. See Office of the
Assistant Secretary for Planning and Evaluation, Poverty Guidelines, https://
https://aspe.hhs.gov/topics/poverty-economic-mobility/poverty-guidelines (last
visited Apr. 12, 2024). This threshold is based on the number of persons in the
applicant’s family or household. The poverty guideline for a one-person
household is $17,310.00 annually.
Plaintiff states that his income is $1,360.00 every two weeks or $32,640.00
annually ($1,360.00 x 24 = $32,640.00). ECF No. 2 at PageID.9. Plaintiff owns
$25.82 in a checking or savings account and a vehicle worth $3,500.00. Id. at 10.
Plaintiff has variable monthly expenses of approximately $2,421.00 to $2,571.00
for rent, electricity and phone expenses. A litigant “need not be absolutely
destitute[,] . . . [but] must allege poverty ‘with some particularity, definiteness and
certainty.’” Escobedo, 787 F.3d at 1234 (citations omitted) (internal quotations
omitted). However, in this case, Plaintiff’s monthly income is almost twice the
amount of the poverty guideline for a one-person household. Based on this
information, even considering Plaintiff’s expenses, the Court cannot find that
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Plaintiff is unable to pay the required fees in this case. The Court thus
RECOMMENDS that the Application be DENIED.
CONCLUSION
The Court cannot FIND that Plaintiff is unable to pay the required fees and
RECOMMENDS that the district court:
1) 	DENY the Application, and
2) 	GRANT Plaintiff leave to (a) pay the filing fee.
IT IS SO FOUND AND RECOMMENDED.
DATED: Honolulu, Hawaii, April 12, 2024.
Civ. No. 24-00141 HG-RT; Anthony T. Fuller vs. State of Hawaii; Findings and
Recommendation to Deny Application to Proceed in District Court Without
Prepaying Fees or Costs
Rom A. Trader
United States Magistrate Judge
Andrade
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