4:25-cv-05407•Sanders Jr v. Cash et al
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UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION Floyd Irvin Sanders Jr., Plaintiff, v. Phillip Cash, et al., Defendants. § § § § § § § Civil Action H-25-5407 MEMORANDUM AND RECOMMENDATION Pending before the court is Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs. ECF No. 2. The court recommends that Plaintiff’s motion, ECF No. 2, be DENIED. 1. Legal Standard and Analysis Plaintiff Floyd Irvin Sanders Jr. requests to proceed in forma pauperis. ECF No. 2. The court may grant in forma pauperis status to an indigent litigant “who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). “[A] district court’s determination of whether a party may proceed in forma pauperis must be based solely upon economic criteria.” Gibbs v. Jackson, 92 F.4th 566, 569 (5th Cir. 2024). “[T]here is no requirement that an individual ‘be absolutely destitute’ or spend ‘the last dollar they have’ towards the payment of court costs to enjoy the benefit of in forma pauperis status.” Id. (citing Adkins v. E.I. Du Pont De Nemours & Co., Inc., 335 U.S. 331, 337 (1948)). The question is whether the plaintiff can afford the costs without undue financial hardship or deprivation of “the necessities of life.” Martinez v. Tex. Gen. Land Office, No. 25- United States District Court Southern District of Texas ENTERED February 13, 2026 Nathan Ochsner, Clerk Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 1 of 3
2 CV-01745, 2025 WL 3259304, at *1 (W.D. Tex. Nov. 3, 2025) (citing Adkins, 335 U.S. at 339). Courts consider the litigant’s financial resources and expenses and whether those expenses are discretionary or mandatory. Moates v. Biden, No. 22-CV-0626, 2022 WL 3566451, at *1 (W.D. Tex. June 29, 2022) (citing Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988)), R. & R. adopted, 2022 WL 18110176 (W.D. Tex. Oct. 18, 2022). Courts may look to where the litigant’s reported income is in relation to applicable poverty guidelines. Id. Sanders reports that his monthly income is $3,892.45, which equals $46,709.40 annually. ECF No. 2 at 1. Sanders also indicates that he has additional resources of $1,510 in a checking or savings account. Id. at 2. Sanders’s reported monthly expenses total approximately $3,615. Id. at 2. Sanders did not report other monthly expenses. Sanders does not have any dependents. Id. The poverty guideline for an individual with no dependents is $15,960. U.S. Dep’t of Health & Human Serv., Office of the Assistant Sec’y for Planning and Evaluation, HHS Poverty Guidelines for 2026, https://aspe.hhs.gov/topics/poverty-econo mic-mobility/poverty-guidelines (last visited Feb. 12, 2026). Sanders’s annual household income is well above the poverty guideline. His income appears to exceed his reported expenses by more than $270 each month. Thus, Sanders’s financial affidavit does not show that paying the court costs and fees would cause him undue financial hardship or deprivation of “the necessities of life.” Cf. Moates, 2022 WL 3566451 at *1; see also Linwood v. Fin. Am., LLC, No. 24-CV-01963, 2024 WL 3682299, at *1 (N.D. Tex. Aug. 6, 2024). Accordingly, the court recommends that Sanders’s request to proceed in forma pauperis be DENIED. Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 2 of 3
3 2. Conclusion The court recommends that Sanders’s Application to Proceed in District Court Without Prepaying Fees or Costs, ECF No. 2, be DENIED. The parties have fourteen days from service of this Memorandum and Recommendation to file written objections. 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72. Failure to timely file objections will preclude appellate review of factual findings or legal conclusions, except for plain error. See Thomas v. Arn, 474 U.S. 140, 147–49 (1985); Rodriguez v. Bowen, 857 F.2d 275, 276– 77 (5th Cir. 1988). Signed at Houston, Texas on February ____, 2026. ______________________________________ Peter Bray United States Magistrate Judge 13 Case 4:25-cv-05407 Document 7 Filed 02/13/26 in TXSD Page 3 of 3
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