Chapman v. Shulkin

Filing 4

ORDER denying 2 MOTION for Leave to Proceed in forma pauperis. Plaintiff is ordered to pay the full filing fee within 21 days of this Order. (Compliance due by 1/25/2018.) Signed by Magistrate Judge Brian K. Epps on 01/04/2018. (jlh)

IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF GEORGIA
AUGUSTA DIVISION
EVA CHAPMAN,
Plaintiff,
v.
DR. DAVID J. SHULKIN, Secretary,
Department of VA,
Defendant.

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CV 317-069

ORDER
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Plaintiff commenced the above-captioned case pro se and has requested permission to
proceed in forma pauperis (“IFP”). (Doc. no. 2.) Having considered Plaintiff’s affidavit of
poverty and his complaint, the Court DENIES Plaintiff’s IFP request. (Id.)
Although Plaintiff is unemployed, she receives $3,481.00 per month from military
disability and $376.00 in child support. (Id. at 1-2.) As Plaintiff’s financial statement
suggests, she is capable of paying the $400.00 filing fee. (Id.) The Court is mindful that
poverty sufficient to qualify under 28 U.S.C. § 1915 does not require penniless destitution.
However, the Court has discretion over whether to grant IFP requests; that discretion is to be
exercised so as not to deny a party access to the courts solely on account of financial
standing. Nonetheless, proceeding IFP is a privilege, not a right. Rivera v. Allin, 144 F.3d
719, 724 (11th Cir. 1998).

Accordingly, the Court ORDERS Plaintiff to pay the full $400.00 filing fee within
twenty-one days of this Order. The failure to do so will result in a recommendation to the
presiding District Judge that this case be dismissed without prejudice. See Loc. R. 4.2(2).
SO ORDERED this 4th day of January, 2018, at Augusta, Georgia.

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