Salyer v. Flexan et al

UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH
CENTRAL DIVISION
NADINE SALYER,
Plaintiff,
v.
FLEXAN, LLC; and INGERSOLL RAND
INDUSTRIAL TECHNOLOGIES, LLC,
Defendants.
REPORT AND RECOMMENDATION
TO DENY MOTION TO WAIVE FILING
FEE (DOC. NO. 2)
Case No. 2:25-cv-01063
District Judge David Barlow
Magistrate Judge Daphne A. Oberg
Nadine Salyer 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 a financial 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.
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2
Ms. Salyer’s motion fails to demonstrate she qualifies for a fee waiver. Ms.
Salyer states under penalty of perjury that she is unable to pay the fees and costs of
this proceeding, but she does not provide information regarding her income or finances.
The court previously identified this deficiency and ordered Ms. Salyer to supplement her
motion by filing the District of Utah’s form fee waiver motion by December 19, 2025.5
That deadline has passed, and Ms. Salyer has not filed any supplement. Therefore,
Ms. Salyer has not demonstrated an inability to pay the filing fee.
Accordingly, the undersigned6 recommends the district judge deny Ms. Salyer’s
motion to waive the filing fee. The undersigned further recommends Ms. Salyer be
given thirty days to pay the filing fee.7 The court will send this Report and
Recommendation to Ms. Salyer, who is notified of her right to object to it. Any objection
must be filed within fourteen days of service.8 Failure to object may be considered a
waiver of objections.
DATED this 6th day of January, 2026.
BY THE COURT:
_____________________________
Daphne A. Oberg
United States Magistrate Judge
5 (See Doc. No. 6.)
6 This case is referred to the undersigned magistrate judge under 28 U.S.C.
§ 636(b)(1)(B). (See Doc. No. 7.)
7 See DUCivR 3-2(a)(1)(D).
8 See 28 U.S.C. § 636(b)(1); Fed R. Civ. P. 72(b).
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