Rice v. Commissioner of Social Security et al

Filing 5

REPORT AND RECOMMENDATION re 2 Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Stanley Rice. Signed by Magistrate Judge Thomas B. McCoun III on 1/20/2016. (AHA)

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION

STANLEY RICE,
Plaintiff,
v.

Case No: 8:16-cv-124-T-30TBM

CAROLYN W. COLVIN, Acting
Commissioner of the United States
Social Security Administration,
Defendant.
/

REPORT AND RECOMMENDATION
THIS MATTER is before the Court on Plaintiff’s Affidavit of Indigency (Doc. 2), which the
Court construes as a motion to proceed in forma pauperis. Upon review and consideration, I
recommend that Plaintiff’s motion be DENIED.
As indicated, Plaintiff seeks leave to proceed in forma pauperis, pursuant to 28 U.S.C. §
1915, which states:
[A]ny court of the United States may authorize the commencement,
prosecution or defense of any suit, action or proceeding, civil or criminal, or
appeal therein, without prepayment of fees or security therefor, by a person
who submits an affidavit that includes a statement of all assets such [person]
possesses that the person is unable to pay such fees or give security therefor.
Such affidavit shall state the nature of the action, defense or appeal and
affiant’s belief that the person is entitled to redress.
28 U.S.C. § 1915(a)(1).
Here, Plaintiff’s Affidavit of Indigency fails to demonstrate an inability to pay. As reflected
in the affidavit, Plaintiff and his spouse evidence regular monthly income of $2,200. They own a
home with considerable equity. Additionally, they own personal property, including a car, which
is owned outright. A comparison of the stated income versus monthly expenses indicates that

Plaintiff has the wherewithal to pay the filing fee in this cause. For this reason, the motion fails.
For these reasons, I recommend that the Court DENY Plaintiff’s construed motion to
proceed in forma pauperis (Doc. 2) and direct that Plaintiff pay the filing fee within twenty days of
the Court’s Order.
Respectfully submitted this
this 20th day of January 2016.

Copies furnished to:
The Honorable James S. Moody, Jr., United States District Court Judge
Counsel of Record

-2-