2:25-cv-00836•Gunn v. Salt Lake City Corporation.
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UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH CENTRAL DIVISION MICHAEL GUNN, Plaintiff, v. SALT LAKE CITY CORPORATION, Defendant. REPORT AND RECOMMENDATION TO DENY MOTION TO WAIVE FILING FEE (DOC. NO. 2) Case No. 2:25-cv-00836 District Judge David Barlow Magistrate Judge Daphne A. Oberg Michael Gunn has filed a motion to waive the filing fee.1 Under 28 U.S.C. § 1915, a federal court may authorize commencement of an action without prepayment of fees by a person who is unable to pay such fees.2 To qualify for a fee waiver under § 1915, a party must show an inability to pay.3 The District of Utah’s local rules permit the court to “find a party indigent based on the information provided on the form motion or if a party’s monthly income is equal to or below 200% of the United States poverty guideline.4 1 (Mot. to Waive Filing Fee (Mot.), Doc. No. 2.) 2 28 U.S.C. § 1915(a)(1). 3 Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005). 4 DUCivR 3-2(a)(1)(A). The local civil rules are available at https://www.utd.uscourts.gov/sites/utd/files/Civil%20Rules%20Final%202025.pdf. Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page 1 of 3
2 Mr. Gunn’s motion fails to demonstrate he qualifies for a fee waiver. Mr. Gunn indicated he is “represented by a lawyer from a legal aid organization,”5 but his counsel of record is not from a legal aid organization. In addition, Mr. Gunn reported his average monthly income during the last twelve months as $17,625 per month,6 which is well above 200 percent of the federal poverty guidelines.7 The court previously identified these deficiencies and ordered Mr. Gunn to supplement the motion by October 17, 2025.8 Specifically, the court ordered Mr. Gunn to (1) explain his allegation that he is represented by a legal aid attorney, including identifying the legal aid attorney and case(s) in which he is represented, and (2) explain his inability to pay the filing fee if his income is $17,625 per month—or clarify if this figure is in error.9 Mr. Gunn has not filed any supplement. Therefore, Mr. Gunn has not demonstrated an inability to pay the filing fee. 5 (Mot. 1, Doc. No. 2.) 6 (Id. at 2–3.) 7 See U.S. Dep’t of Health & Human Servs., Office of the Assistant Sec’y for Plan. & Evaluation, 2025 Poverty Guidelines: 48 Contiguous States (all states except Alaska and Hawaii) (2025), https://aspe.hhs.gov/sites/default/files/documents/dd73d4f00d8a819d10b2fdb70d254f7 b/detailed-guidelines-2025.pdf [https://perma.cc/PRE9-RVLU]. 8 (See Doc. No. 3.) 9 (Id.) Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page 2 of 3
3 Accordingly, the undersigned10 recommends the district judge deny the motion. The undersigned further recommends Mr. Gunn be given thirty days to pay the filing fee.11 The court will send this Report and Recommendation to Mr. Gunn, who is notified of his right to object to it. Any objection must be filed within fourteen days of service.12 Failure to object may be considered a waiver of objections. DATED this 3rd day of December, 2025. BY THE COURT: _____________________________ Daphne A. Oberg United States Magistrate Judge 10 This case is referred to the undersigned magistrate judge under 28 U.S.C. § 636(b)(1)(A). (See Doc. No. 5.) 11 See DUCivR 3-2(a)(1)(D). 12 See 28 U.S.C. § 636(b)(1); Fed R. Civ. P. 72(b). Case 2:25-cv-00836-DBB-DAO Document 6 Filed 12/03/25 PageID.<pageID> Page 3 of 3
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