Cuate Urzua v. Capital One Bank (USA), N.A.

UNITED STATES DISTRICT COURT
DISTRICT OF MINNESOTA
EDGAR DANIEL CUATE URZUA,
Plaintiff,
v.
CAPITAL ONE BANK (USA), N.A.,
Defendant.
Case No. 26-CV-2396 (JWB/JFD)
ORDER
This case is before the Court on Plaintiff Edgar Daniel Cuate Urzua’s Application
to Proceed in District Court Without Prepaying Fees or Costs. (Dkt. No. 2 (“IFP
Application”).) For the following reasons, the Court denies the IFP Application without
prejudice.
“The central question [when assessing an application to proceed in forma pauperis
(‘IFP’)] is whether the movant can afford the costs of proceeding without undue hardship
or deprivation of the necessities of life.” Ayers v. Tex. Dep’t of Crim. Justice, 70 F.3d 1268,
1268 (5th Cir. 1995) (per curiam) (citing Adkins v. E.I. DuPont de Nemours & Co., 335
U.S. 331, 339–40 (1948)); see also, e.g., Lukobi-Johnson v. Pester, No. 26-CV-1801
(DWF/DJF), 2026 WL 1083794, at *1 (D. Minn. Apr. 17, 2026) (quoting Ayers). “The
opportunity to proceed [IFP] is a privilege, not a right.” Weaver v. Pung, 925 F.2d 1097,
1099 n.4 (8th Cir. 1991) (citing Williams v. McKenzie, 834 F.2d 152, 154 (8th Cir. 1987)).
The IFP Application indicates that Mr. Cuate Urzua has take-home pay of $1,000 a
week (in other words, over $4,000 a month). (See IFP Appl. 1.) He also reports no
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dependents. (See id. at 2.) On this record, the Court cannot conclude that paying this
action’s filing fee would cause Mr. Cuate Urzua undue hardship or deprive him of life’s
necessities. The IFP Application is therefore denied.
The denial is without prejudice, however. Mr. Cuate Urzua may file a new IFP
application 	if 	he 	believes 	additional 	information 	would 	alter 	the 	Court’s 	analysis.
Alternatively, he may pay this action’s standard filing fee. If he does neither within 21 days
of this Order’s date, the Court will recommend dismissing this action without prejudice,
under Federal Rule of Civil Procedure 41(b), for failure to prosecute.
ORDER
Based on the foregoing, and on all of the files, records, and proceedings herein, IT
IS HEREBY ORDERED THAT:
1. 	Plaintiff Edgar Daniel Cuate Urzua’s Application to Proceed in District
Court Without Prepaying Fees or Costs (Dkt. No. 2) is DENIED without
prejudice.
2. 	Within 21 days of this Order’s date, Mr. Cuate Urzua must either (1) pay this
action’s filing fee, or (2) submit a new application to proceed in forma
pauperis 	in 	this 	action. 	If 	neither 	occurs, 	the 	Court 	will 	recommend
dismissing this action under Federal Rule of Civil Procedure 41(b) for failure
to prosecute.
Dated: May 1, 2026 	__s/ John F. Docherty____________
JOHN F. DOCHERTY
United States Magistrate Judge
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