5:26-cv-00379•Scott v. United States of America et al
Texte intégral
IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA CHRISTOPHER SCOTT, ) ) Plaintiff, ) ) v. ) Case No. CIV-26-379-G ) UNITED STATES OF AMERICA, ) ) Defendant. ) REPORT AND RECOMMENDATION Plaintiff has filed an Application to Proceed in District Court Without Prepaying Fees or Costs (“IFP Application,” an application to proceed in forma pauperis). (Doc. 2). United States District Judge Charles B. Goodwin referred the motion to the undersigned Magistrate Judge consistent with 28 U.S.C. § 636(b)(1)(B), (C). (Doc. 3). The filing fee in civil cases is presently $405.00.1 Under 28 U.S.C. § 1915(a), a district court has discretion to permit the commencement of an action without prepayment of fees or security therefor. See Grimes v. TCF Bank, 769 F. App’x. 659, 660 (10th Cir. 2019) (reviewing a district court order denying an IFP application for an abuse of discretion); Cabrera v. Horgas, 1999 WL 241783, at *1 (10th Cir. 1999) (“The decision to grant or deny in forma pauperis [IFP] status under § 1915 lies within the sound discretion of the trial court.”). 1 The total filing fee includes a base fee of $350.00 and an administrative fee of $55.00. See 28 U.S.C. § 1914(a); Judicial Conf. Sched. of Fees, Dist. Ct. Misc. Fee Sched. ¶ 14. Case 5:26-cv-00379-G Document 4 Filed 03/03/26 Page 1 of 3
2 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). To succeed on a motion to proceed IFP, the movant must show a financial inability to pay the required filing fees. Lister v. Dep’t of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). The court evaluates “an application to proceed [IFP] . . . in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (citation omitted). Having reviewed the IFP Application, the undersigned finds that Plaintiff has sufficient financial resources to pay the filing fee. Plaintiff earns $1,103.87 every two weeks in take-home pay – or $2,391.72 per month. (Doc. 2, at 1). He currently has $40.00 in a checking or savings account. Plaintiff lists expenses – including the support he gives to his grandson – in the amount of $1,596.00.2 (Id. at 2). Thus, after expenses, Plaintiff has $795.72 in discretionary spending from which he could pay the filing fee in this action. “While this Court does not suggest that [Plaintiff] is wealthy or has lots of money to spend,” the court finds he “has the ability to spend [ ] discretionary funds on filing fees if [he] desires.” Lewis v. Ctr. Mkt., 2009 WL 5217343, at *3 (D.N.M. Oct. 29, 2009), aff’d, 378 F. App’x 780 (10th Cir. 2010). 2 Plaintiff states that he has $41,088 in total debt attributable to credit cards and a car loan. (Doc. 2, at 2). Plaintiff included his car payment in his regular monthly expenses, so the undersigned considered this debt. Plaintiff did not include any monthly payment for his credit card debt, so the undersigned did not find the credit card debt to be a significant factor in his ability to pay the filing fee. Case 5:26-cv-00379-G Document 4 Filed 03/03/26 Page 2 of 3
3 Because he does not qualify for authorization to proceed without prepayment of the filing fee, Plaintiff’s motion should be DENIED, and he should be required to pay the full filing fee for this action to proceed. RECOMMENDATION For the foregoing reasons, the undersigned recommends the court DENY Plaintiff’s IFP Application (Doc. 2). The undersigned further recommends that if Plaintiff does not pay the $405.00 filing fee in full to the Clerk of the Court within 21 days of any order adopting this Report and Recommendation, that this action be dismissed without prejudice to the refiling. LCvR 3.3(e). Plaintiff is advised of his right to file an objection to this Report and Recommendation with the Clerk of this Court by March 24, 2026, in accordance with 28 U.S.C. § 636(b)(1) and Fed. R. Civ. P. 72(b)(2). Failure to make timely objection to this Report and Recommendation waives his right to appellate review of both factual and legal issues contained herein. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). This Report and Recommendation disposes of all issues and terminates the referral to the undersigned Magistrate Judge unless and until the matter is re-referred. ENTERED this 3rd day of March, 2026. Case 5:26-cv-00379-G Document 4 Filed 03/03/26 Page 3 of 3
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