Murphy v. Social Security Administration Commissioner

Filing 5

ORDER denying 2 Plaintiff's Motion for Leave to Proceed in forma pauperis. Plaintif is directed to tender the filing fee of $400.00 by 8/7/13. Plaintiff's failure to comply within the required period of time, her complaint will become subject to summary dismissal for failure to obey a court order. Signed by Honorable James R. Marschewski on July 8, 2013. (sh)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
HARRISON DIVISION
KIMBERLY MURPHY
v.

PLAINTIFF
CIVIL NO. 13-3070

CAROLYN W. COLVIN, Commissioner
Social Security Administration

DEFENDANT
ORDER

On June 5, 2013, Plaintiff submitted a complaint for filing in this district, together with
a request for leave to proceed in forma pauperis (“IFP”). ECF Nos. 1, 2. For reasons stated
below, Plaintiff’s motion is denied.
Federal courts have the statutory authority to permit the commencement of a civil action
without prepayment of fees or costs by a person who submits an affidavit that he is unable to pay
such costs or give security therefor. 28 U.S.C. § 1915(a). The purpose of 28 U.S.C. § 1915 is
to ensure that indigent litigants have an entre, not a barrier, to the federal courts. In re
Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823
(3rd Cir. 1975)). Although a claimant need not be “completely destitute” to take advantage of
the IFP statute, he or she must show that paying the filing fee would result in an undue financial
hardship. Williamson, 786 F.2d at 1338.
Plaintiff’s IFP application reveals that she receives approximately $1,636.00 per month
in take-home pay from her employment. ECF No. 2. Her husband also works and receives
$1,120.00 per month from his employment. Plaintiff owns a vehicle and a plot of land, on which
she owes $5,200.00 and $15,000.00, respectively. Plaintiff also has a checking or savings
account with a balance of $200.00+/- after bills are paid. Plaintiff’s monthly expenses are as

AO72A
(Rev. 8/82)

follows: $300.00 for rent; $350.00 for car payment; $200.00 for mortgage on land; $188.00 for
propane; $100.00+ for electric bill; and $75.00 for insurance. Plaintiff has no dependents.
Here, Plaintiff is by no means destitute. After subtracting her reported monthly expenses,
Plaintiff has approximately $1,543.00 remaining. As such, Plaintiff has not shown that paying
the filing fee would create an undue financial hardship. For these reasons, the undersigned finds
that a waiver of the filing fee would be inappropriate in this instance.
Accordingly, Plaintiff’s motion for leave to proceed IFP is DENIED. Plaintiff is directed
to tender the filing fee of $400.00 by August 7, 2013. Should Plaintiff fail to comply within the
required period of time, her complaint will become subject to summary dismissal for failure to
obey a court order.
IT IS SO ORDERED this 8th day of July 2013.

/s/ J. Marschewski
HONORABLE JAMES R. MARSCHEWSKI
CHIEF UNITED STATES MAGISTRATE JUDGE

2

AO72A
(Rev. 8/82)