United States District Court, W.D. Oklahoma
REPORT AND RECOMMENDATION
SUZANNE MITCHELL UNITED STATES MAGISTRATE JUDGE.
has filed an application to proceed in district court without
prepaying fees or costs, Doc. 2. The matter has been assigned
to the undersigned Magistrate Judge consistent with General
filing fee in civil cases is presently $400.00. Pursuant to 28
U.S.C. § 1915(a), a district court has discretion to
permit the commencement of an action without prepayment of
fees or security therefor. See Cabrera v. Horgas,
1999 WL 241783, at *1 (10th Cir. 1999) ("The decision to
grant or deny in forma pauperis status under § 1915 lies
within the sound discretion of the trial court.").
"Section 1915(a) applies to all persons applying for IFP
status, and not just to prisoners." Lister v.
Dep't of the Treasury, 408 F.3d 1309, 1312 (10th
in forma pauperis "in a civil case is a privilege, not a
right - fundamental or otherwise." White v. State of
Colo., 157 F.3d 1226, 1233 (10th Cir. 1998). To succeed
on a motion to proceed in forma pauperis, the movant must
show a financial inability to pay the required filing fees.
Lister, 408 F.3d at 1312. Factors the court may
consider in exercising its discretion include: "whether
the complaint is frivolous or malicious; whether the case
concerns a prisoner, with special concern placed on prisoner
complaints; and the nature of the mandatory and discretionary
demands on the applicant's financial resources."
Brewer v. City of Overland Park Police Dept, 24
Fed.Appx. 977, 979 (10th Cir. 2002) (citations omitted); 28
U.S.C. § 1915(a)(1); Lister, 408 F.3d at 1312;
see Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th
Cir. 2008) ("[T]he district court has broad discretion
in determining whether to grant or deny an application to
proceed in forma pauperis").
receives $963.00 each month in food stamps and disability.
Doc. 2, at 1. He avers he owns no vehicles, real estate,
financial instruments of value, etc., and has $0.00 in any
bank account. Id. at 2. He identifies monthly
expenses totaling $658.00. Id. He has no dependents,
and $600, 000 in medical bills. Id.
discretionary income is sufficient to pay the filing fee even
in a case where total expenses exceed total income, denial of
an in forma pauperis motion is appropriate."
Scherer v. Merck & Co., 2006 WL 2524149, at *1
(D. Kan. Aug. 24, 2006). The court believes that Plaintiff
has limited income. See Lewis v. Ctr. Mkt., 2009 WL
5217343, at *3 (D.N.M. Oct. 29, 2009), aff'd,
378 Fed.Appx. 780 (10th Cir. 2010) ("While this Court
does not suggest that [Plaintiff] is wealthy or has lots of
money to spend, she does appear to have discretionary income
and/or assets. It appeal's that she has the ability to
spend her discretionary funds on filing fees if she
desires."); Raine v. Comm'r, 2018 WL
1146638, at *2 (W.D. Okla. Feb. 13, 2018) (finding Plaintiff
financially able to pay filing fee in monthly payments where
monthly income exceeded non-discretionary monthly expenses by
$192.00), adopted, 2018 WL 1145948 (W.D. Okla. Mar.
2, 2018). Based on Plaintiffs application, the court believes
that the Plaintiff is financially able to pay the filing fees
in monthly payments. See Corum v. Comm'r, 2018
WL 795642, at *2 (W.D. Okla. Jan. 17, 2018),
adopted, 2018 WL 794712 (W.D. Okla. Feb. 8, 2018);
Raine, 2018 WL 1146638, at *2, adopted,
2018 WL 1145948.
undersigned recommends the court grant in part and deny in
part Plaintiffs Application to Proceed in District Court
without Prepaying Fees or Costs. Doc. 2. The undersigned
recommends Plaintiff shall make the first $50.00 payment to
the district court clerk on the date determined by the
district court judge. Thereafter, Plaintiff shall pay $50.00
on or before the first day of each month.
to pay the filing fee as directed could result in this matter
being dismissed pursuant to the Federal Rules of Civil
Procedure. The Clerk of Court shall not issue process until
at least $50.00 has been paid toward the filing fees in this
undersigned advises Plaintiff of his right to object to this
Report and Recommendation. See 28 U.S.C. §
636(b)(1); Fed.R.Civ.P. 72(b)(2). Any such objection must be
filed with the Clerk of the Court on or before March 6, 2019.
The undersigned further advises Plaintiff that failure to
make timely objection to this Report and Recommendation
waives his right to appellate review of the factual and legal
issues addressed herein. Moore v. United States, 950
F.2d 656, 659 (10th Cir. 1991).
 The filing fee is $350.00. See 28
U.S.C. § 1914(a). In addition, an administrative fee of
$50.00 must be paid. See Judicial Conf. Sched. of Fees,