3:25-cv-02527•Gregory v. Teakell et al
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS DALLAS DIVISION MICHAEL DE’SEAN GREGORY, § ID # 02408039, § Plaintiff, § § v. § No. 3:25-CV-2527-N-BW § JOHN R. TEAKELL, et al., § Defendants. § Referred to U.S. Magistrate Judge1 FINDINGS, CONCLUSIONS, AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE Before the Court is Plaintiff Michael De’Sean Gregory’s Application to Proceed In Forma Pauperis, with accompanying certificate of inmate trust account (“CTA”), received on November 6, 2025. (Dkt. No. 5.) Based on the relevant filings and applicable law, the Court should DENY the application and dismiss Gregory’s case without prejudice unless he pays the $405.00 filing fee by January 9, 2026, or by some other deadline established by the Court. I. LEGAL STANDARDS AND ANALYSIS Under 28 U.S.C. § 1915(a)(2), a federal district court may authorize a prisoner plaintiff to pursue a civil action in forma pauperis when he submits a financial affidavit and a certified copy of his trust fund account statement, or institutional equivalent, for the six-month period preceding the filing of his complaint that establish his financial inability to pay or give security for applicable court fees 1 By Special Order No. 3-251, this pro se case has been automatically referred for full case management. Case 3:25-cv-02527-N-BW Document 6 Filed 12/10/25 Page 1 of 3 PageID <pageID>
2 “without suffering undue financial hardship.” Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). “This entails a review of other demands on individual plaintiffs’ financial resources, including whether the expenses are discretionary or mandatory.” Id. The determination of whether to grant or deny an application to proceed in forma pauperis rests within the sound discretion of the Court. See id. Here, despite a current balance of $101.40, Gregory’s application indicates that he has received a total of $492.55 from his mother, and his CTA shows that he has had deposits totaling $860 over the six-month period preceding the filing of his complaint, $490 of which was deposited in the most recent three months. (See Dkt. No. 5 at 1, 3.) These amounts show that Gregory has access to sufficient funds to pay the full filing fee.2 Based on this information, the Court should find that Gregory has failed to show that payment of the $405.00 filing fee would cause him undue financial hardship and deny his application to proceed in forma pauperis. II. RECOMMENDATION The Court should DENY Gregory’s Application to Proceed In Forma Pauperis, received on November 6, 2025 (Dkt. No. 5), and dismiss this case without 2 The Prison Litigation Reform Act (“PLRA”) requires that all prisoners who bring a civil non-habeas action must pay the full filing fee, although the fee may be paid in installments where leave to proceed in forma pauperis is granted. See 28 U.S.C. § 1915(b)(1). As of December 1, 2023, a $55 administrative fee will be assessed in addition to the $350 filing fee, resulting in a total filing fee of $405 for a civil action in which the plaintiff has not sought or been granted leave to proceed in forma pauperis. See District Court Miscellaneous Fee Schedule. Where a prisoner plaintiff has been granted leave to proceed in forma pauperis, only the $350 filing fee will be deducted from the prisoner’s account. The $55 administrative fee will not be deducted. Case 3:25-cv-02527-N-BW Document 6 Filed 12/10/25 Page 2 of 3 PageID <pageID>
3 prejudice unless Gregory pays the $405.00 filing fee by January 9, 2026, or by some other deadline established by the Court. SO RECOMMENDED on December 10, 2025. ____________________________________ BRIAN McKAY UNITED STATES MAGISTRATE JUDGE INSTRUCTIONS FOR SERVICE AND NOTICE OF RIGHT TO APPEAL/OBJECT A copy of this report and recommendation will be served on all parties in the manner provided by law. Any party who objects to any part of this report and recommendation must file specific written objections within 14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); F ED . R. C IV. P. 72(b). To be specific, an objection must identify the finding or recommendation to which objection is made, state the basis for the objection, and indicate the place in the magistrate judge’s report and recommendation where the disputed determination is found. An objection that merely incorporates by reference or refers to the briefing before the magistrate judge is not specific. Failure to file specific written objections will bar the aggrieved party from appealing the factual findings and legal conclusions of the magistrate judge that are accepted or adopted by the district court, except upon grounds of plain error. See Douglass v. United Services Automobile Ass’n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file objections to 14 days). Case 3:25-cv-02527-N-BW Document 6 Filed 12/10/25 Page 3 of 3 PageID <pageID>
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