Yoseph v. Kavod Senior Living/Allied Jewish Apartments

Filing 7

ORDER denying as moot 6 Motion to Reconsider Order Denying Leave to Proceed in District Court without Prepaying Fees or Costs, and denying 5 Motion and Affidavit for Leave to Proceed Under 28 U.S.C. 1915, by Judge Lewis T. Babcock on 9/1/15.(dkals, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 15-cv-1479-LTB
SINKSAR YOSEPH, also known as
SENKSAR KELEBE,
Plaintiff,
v.
KAVOD SENIOR LIVING/ALLIED JEWISH APARTMENTS,
Defendant.

ORDER DENYING LEAVE TO PROCEED
IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS

Plaintiff, Sinksar Yoseph, also known as Senksar Kelebe, currently resides in
Aurora, Colorado. On July 13, 2015, Plaintiff filed an Application to Proceed in District
Court Without Prepaying Fees or Costs (ECF No. 2) and a Title VII Complaint. On July
15, 2015, the Court denied the Application because Plaintiff did not demonstrate that
she qualifies for in forma pauperis status (ECF No. 4). On August 4, 2015, Plaintiff filed
another Motion and Affidavit for Leave to Proceed Under 28 U.S.C. 1915 (ECF No. 5)
and a Motion to Reconsider Order Denying Leave to Proceed in District Court without
Prepaying Fees or Costs (ECF No. 6).
Subsection (a)(1) of 28 U.S.C. § 1915 allows a litigant to commence a lawsuit
without prepayment of fees or security therefor. However, “[t]here is no absolute right to
proceed in court without paying a filing fee in civil matters.” Holmes v. Hardy, 852 F.2d
151, 153 (5th Cir. 1988); see also 28 U.S.C. § 1914(a). Proceeding in forma pauperis
pursuant to § 1915, i.e. without paying a filing fee under § 1914, is a privilege extended
to individuals unable to pay such a fee. See Holmes, 852 F.2d at 153.

Plaintiff’s Application shows that Plaintiff has $3,612.00 in bank accounts and
total monthly expenses of $666.00, plus the possibility of receiveing unemployment
compensation. Therefore, the Court finds that Plaintiff has not demonstrated that he
has insufficient funds to pay the $400.00 filing fee ($350.00 filing fee and $50.00
general administrative fee). The Application to Proceed in District Court Without
Prepaying Fees or Costs will be denied without prejudice. Plaintiff will be directed to
pay the $400.00 filing fee required pursuant to 28 U.S.C. § 1914 and the District of
Colorado schedule of fees at www.cod.uscourts.gov. Accordingly, it is
ORDERED that the Motion to Reconsider Order Denying Leave to Proceed in
District Court without Prepaying Fees or Costs (ECF No. 6) is DENIED AS MOOT as
Plaintiff filed a subsequent Application.
ORDERED that the Motion and Affidavit for Leave to Proceed Under 28 U.S.C.
1915 (ECF No. 5) is denied. It is
FURTHER ORDERED that within thirty (30) days from the date of this order,
Plaintiff shall pay the full $400.00 filing fee. It is
FURTHER ORDERED that if Plaintiff fails to pay the $400.00 filing fee within the
time allowed the action will be dismissed without further notice.
DATED at Denver, Colorado, this

1st

day of

September

BY THE COURT:

s/Lewis T. Babcock
LEWIS T. BABCOCK, Senior Judge
United States District Court

2

, 2015.