Bolden v. U.S. Department of Housing and Urban Development

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
DEIETRA BOLDEN,
Plaintiff,
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v. 	CIVIL ACTION NO. 4:25-cv-3161
U.S. DEPARTMENT OF
HOUSING AND URBAN
DEVELOPMENT,
Defendant.
MEMORANDUM AND RECOMMENDATION
ON 	THIS 	DAY 	the 	Court 	considered 	Plaintiff 	Deietra 	Bolden’s
(“Plaintiff”) Application to Proceed In Forma Pauperis.1 (ECF No. 3).
The statute authorizing the court to grant in forma pauperis status to an
indigent litigant states:
Subject to subsection (b), any court of the United States may
authorize the commencement, prosecution or defense of any suit,
action or proceeding, civil or criminal, or appeal therein, without
prepayment of fees or security therefor, by a person who submits
an affidavit that includes a statement of all assets such [person2]
possesses that the person is unable to pay such fees or give security
therefor. 	Such affidavit shall state the nature of the action,
defense or appeal and affiant’s belief that the person is entitled to
redress.
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. 8).
2 “Although the statute explicitly refers to ‘prisoners,’ it is properly applied in rulings
on both prisoner and nonprisoner in forma pauperis motions.” United States v. Tacker, No.
09-cr-CR-040, 2016 WL 9242191, at *1 (N.D. Miss. Apr. 25, 2016).
United States District Court
Southern District of Texas
ENTERED
November 13, 2025
Nathan Ochsner, Clerk
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28 U.S.C. § 1915(a)(1).
The mere execution of an affidavit of indigence does not automatically
entitle a litigant to proceed in forma pauperis. Rather, the court enjoys limited
discretion to grant or deny a motion for leave to proceed in forma pauperis
based upon the financial statement set forth within the applicant’s affidavit.
Adkins v. E.I. Du Pont De Nemours & Co., Inc., 335 U.S. 331, 337 (1948); Prows
v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988); 28 U.S.C. § 1915(a). 	Courts
should make the assessment of financial ability after considering whether
payment of the filing fee will result in the plaintiff “suffering undue financial
hardship.” 	Prows, 842 F.2d at 140. 	“This entails a review of other demands
on individual plaintiffs’ financial resources, including whether the expenses
are discretionary or mandatory.” Id.
Here, Plaintiff has failed to show that she is a person entitled to proceed
without the payment of the $405 filing fee. Her application to proceed in forma
pauperis establishes that she is presently employed earning a gross salary of
$84,677.00, and paid $2,363 every two weeks. (ECF No. 3 at 1). She also states
she owns at 2012 Dodge Durango but does not list the estimated value of the
vehicle as required. 	(Id.). 	Lastly, she states her monthly expenses total
approximately $2,337.00. 	(Id. at 2). 	Plaintiff does not state whether she has
any dependents or any debts or financial obligations. 	(Id.). 	Under these
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circumstances, the Court finds that Plaintiff will not suffer undue financial
hardship by paying the filing fee.
Based 	on 	the 	foregoing, 	the 	Court 	RECOMMENDS 	Plaintiff’s
Application to Proceed In Forma Pauperis (ECF No. 3) be DENIED. 	Should
this recommendation be adopted, the Court ORDERS Plaintiff pay the filing
fee for this case within fourteen (14) days of the adoption. 	If Plaintiff fails to
comply, the Court will recommend the case be dismissed without prejudice.
See Lombard v. Schober, No. 4:22-cv-785, 2022 WL 14170361, at *2 (N.D. Tex.
Oct. 6, 2022), report and recommendation adopted, No. 4:22-cv-785, 2022 WL
14198690 (N.D. Tex. Oct. 24, 2022).
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
period mentioned shall bar an aggrieved party from attacking the factual
findings and legal conclusions on appeal.
SIGNED in Houston, Texas on November 13, 2025.
______________________________
Richard W. Bennett
United States Magistrate Judge
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