Coleman v. General Motors et al

Filing 7

MEMORANDUM AND ORDER denying 3 Motion for Leave to Proceed in forma pauperis; adopting 6 Report and Recommendations. Plaintiff shall pay the filing fee of $350.00 on or before July 11, 2012. Failure to pay the fee by this deadline may result in dismissal of plaintiff's case without further notice. Signed by District Judge Carlos Murguia on 6/25/2012.Mailed to pro se party Charlotte Coleman by regular and certified mail. ( Certified Tracking Number: 7009 1410 0002 0381 7733) (kao)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
CHARLOTTE COLEMAN,

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Plaintiff,
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v.
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GENERAL MOTORS, et al.,
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Defendants.
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)
__________________________________________)

No. 12-2305-CM-GLR

MEMORANDUM AND ORDER
Plaintiff Charlotte Coleman filed a lawsuit alleging employment discrimination based on Title
VII of the Civil Rights Act of 1964. She contemporaneously filed a request to proceed in forma
pauperis (“IFP”). (Doc. 3.) Magistrate Judge Rushfelt issued a report and recommendation on June 6,
2012, recommending denial of plaintiff’s request to proceed IFP (“R&R”). (Doc. 6.) Judge Rushfelt
advised plaintiff that she had 14 days to object to his recommendation. This deadline has passed, and
plaintiff has failed to file any objections. Therefore, the R&R is ripe for review.
After reviewing the R&R and the evidence before the court, the court adopts the R&R in its
entirety and denies plaintiff’s IFP motion. Specifically, a court of the United States may allow
commencement of an action without payment of the required fees by a party who submits an affidavit
showing an inability to pay such fees. 28 U.S.C. § 1915(a)(1). When considering applications and
financial affidavits, courts generally seek to compare an applicant’s monthly expenses to monthly
income. See Patillo v. N. Am. Van Lines, Inc., No. 02-2162, 2002 U.S. Dist. LEXIS 9675, 2002
WL1162684, at *1 (D. Kan. Apr. 15, 2002) (denying IFP because applicant and his spouse had a
monthly net income that exceeded their monthly expenses by $285); Webb v. Cessna Aircraft, No. 002229, 2000 U.S. Dist. LEXIS 10554, 2000 WL 1025575, at *1 (D. Kan. July 17, 2000).

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In this case, plaintiff’s reported monthly income exceeds her monthly expenses. In addition,
plaintiff reports that she has $1,500 “cash on hand” in the form of a checking account. (Doc. 3.)
Based on the specific financial figures provided, it appears to the court that plaintiff is able to pay the
required fees. Although a burden may result from the payment of these fees, § 1915 requires that the
claimant be unable to pay the fees before the court will grant IFP status. Accordingly, the court adopts
the R&R in its entirety and denies plaintiff’s Motion to Proceed Without Payment of Fees (Doc. 3).
Plaintiff shall pay the filing fee of $350.00 on or before July 11, 2012. Failure to pay the fee
by this deadline may result in dismissal of plaintiff’s case without further notice. Plaintiff shall also
make service of summons in accordance with Federal Rule of Civil Procedure 4. Plaintiff is further
advised that a “Pro Se Guide” is available to assist her on the court’s website at
http://www.ksd.uscourts.gov/a-pro-se-guide/.
IT IS THEREFORE ORDERED that Magistrate Judge Rushfelt’s Report and
Recommendation (Doc. 6) is adopted in its entirety.
IT IS FURTHER ORDERED that plaintiff’s Motion to Proceed Without Payment of Fees
(Doc. 3) is denied. Plaintiff shall pay the filing fee of $350.00 on or before July 11, 2012.
Dated this 25th day of June, 2012, at Kansas City, Kansas.
s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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