Freeman v. Donahoe

Filing 5

ORDER ADOPTING 3 REPORT AND RECOMMENDATION; denying 2 Motion for Leave to Proceed in forma pauperis.; denying 2 Motion for Service. Signed by Honorable Jimm Larry Hendren on August 9, 2011. (tg)

IN THE UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF ARKANSAS
FAYETTEVILLE DIVISION
VIVIAN FREEMAN
v.

PLAINTIFF
Civil No. 11-5158

PATRICK R. DONAHOE

DEFENDANT
O R D E R

NOW on this 9th day of August 2011, comes on for consideration
the Magistrate Judge’s Report and Recommendation (Doc. 3), and
plaintiff’s objection thereto (Doc. 4). The Court has reviewed the
Report and Recommendation and, being well and sufficiently advised,
finds and orders as follows:
1.

Plaintiff filed her complaint on June 29, 2011, and she

seeks leave to proceed in forma pauperis (“IFP”), 28 U.S.C. § 1915.
The Magistrate Judge has reviewed her request and has determined
that plaintiff has the financial ability to pay the filing fee.
For that reason, the Magistrate Judge recommends that the motion to
proceed in forma pauperis be denied, and plaintiff be required to
pay the full $350.00 filing fee.
2.

Plaintiff has responded by requesting that she be allowed

to pay the filing fee in three monthly installments.
3.

Under 28 U.S.C. § 1915(a)(1), the Court may authorize the

commencement of a lawsuit “without prepayment of fees or security
therefor, by a person who submits an affidavit that includes a
statement of all assets such [person] prisoner possesses that the

person is unable to pay such fees or give security therefor.”

The

Court agrees with the Magistrate Judge that plaintiff has not shown
that she is unable to pay the filing fee in this case.
The Court is sympathetic to plaintiff’s assertion that the
payment of the filing fee all at once would pose a financial
hardship on her.

The Court notes, however, that if plaintiff does

not pay the full filing fee, her complaint will be dismissed
without prejudice to refiling it when she is able to pay the filing
fee.
IT IS THEREFORE ORDERED that Plaintiff’s objection (Doc. 3) is
hereby overruled;
IT IS FURTHER ORDERED that the Magistrate Judge’s Report and
Recommendation (Doc. 4) is hereby adopted in toto;
IT IS FURTHER ORDERED that, for the reasons stated in the
Magistrate Judge’s Report and Recommendation, plaintiff’s motion
for leave to proceed IFP is hereby denied.

Plaintiff shall have

until August 22, 2011 to pay the $350 filing fee.

If such filing

fee is not paid in full by that date, plaintiff’s complaint will be
dismissed

without

prejudice,

and

plaintiff

may

re-file

her

complaint at a later date if she so chooses.
IT IS SO ORDERED.
/s/ Jimm Larry Hendren
HON. JIMM LARRY HENDREN
UNITED STATES DISTRICT JUDGE