Adams v. Jimenez

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
JESSIE ADAMS,
Plaintiff,
v.
SERGIO JIMINEZ,
Defendant.
Case No. 26-4008-TC-BGS
ORDER GRANTING APPLICATION TO PROCEED
WITHOUT PREPAYMENT OF FEES
This matter comes before the Court on the “Application to Proceed in District Court
without Prepaying Fees or Costs” filed by Plaintiff Jessie Adams, who is representing himself pro se.
(Doc. 2, sealed.) The motion requests leave for Plaintiff to proceed in forma pauperis (“IFP
application”). (Id.) Plaintiff also contemporaneously filed the requisite financial affidavit in support
of his motion. (Doc. 3-1, sealed.)
Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of a civil action
“without prepayment of fees or security therefor, by a person who submits an affidavit that … the
person is unable to pay such fees or give security therefor.” To succeed on a request to proceed
IFP, “the movant must show a financial inability to pay the required filing fees.” Lister v. Dep’t of
Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). Proceeding IFP “in a civil case is a privilege, not a
right – fundamental or otherwise.” White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998). The
decision to grant or deny IFP status under § 1915 lies within the district court’s sound discretion.
Engberg v. Wyoming, 265 F.3d 1109, 1122 (10th Cir. 2001).
Based on the financial information provided by Plaintiff in his IFP application (Doc. 2,
sealed), the Court finds that Plaintiff has shown an inability to pay the filing fee. Thus, the Court
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grants Plaintiff’s application to proceed without prepayment of fees (Doc. 2). That stated, because
of issues identified in Plaintiff’s Complaint, as discussed in the Court’s contemporaneously-filed
Report & Recommendation of Dismissal, the Clerk’s office shall not proceed to issue summons in
this case at this time.
IT IS THEREFORE ORDERED that Plaintiff’s Application to Proceed in District Court
without Prepaying Fees or Costs (Doc. 2, sealed) is GRANTED. Pursuant to 28 U.S.C.
§ 1915(a)(1), Plaintiff may commence this action without prepayment of fees. The Clerk’s office
shall not proceed to issue summons in this case at this time absent further Order from the Court.
IT IS SO ORDERED.
Dated January 23, 2026, at Wichita, Kansas.
/S / BROOKS G. S EVERSON
Brooks G. Severson
United States Magistrate Judge
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