Davenport v. US Department of the Treasury Bureau of Fiscal Services

Filing 4

MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Teresa J. James on 10/22/2014.Mailed to pro se party Aleshea N. Davenport by regular mail. (ts)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
ALESHEA N. DAVENPORT,
Plaintiff,
v.
Civil Case No. 14-2527-CM-TJJ
U.S. DEPARTMENT OF THE
TREASURY BUREAU OF
FISCAL SERVICES,
Defendant.
ORDER GRANTING LEAVE TO PROCEED IN FORMA PAUPERIS
Plaintiff has filed a Motion to Proceed Without Prepayment of Fees (ECF No. 3) and has
submitted an Affidavit of Financial Status (ECF No. 3-1) in support thereof. Under 28 U.S.C. §
1915(a)(1), the court may authorize commencement of any suit, action or proceeding, civil or
criminal, without prepayment of fees upon submission of a financial affidavit that shows the
applicant is unable to pay such fees. To succeed on a motion to proceed in forma pauperis, the
movant must show a financial inability to pay the required filing fees.1
Upon review of Plaintiff’s financial affidavit, the Court finds that Plaintiff has shown a
financial inability to pay the required filing fee. Plaintiff’s request to proceed without prepayment
of fees is therefore granted pursuant to 28 U.S.C. § 1915(a)(1).
The Clerk shall issue summons for Defendant. Service of the summons and Complaint shall
be effected by the United States Marshal or a deputy United States Marshal who are hereby
appointed for such purpose pursuant to Fed. R. Civ. P. 4(c)(3).

1

Lister v. Dept. of the Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005).

IT IS THEREFORE ORDERED that Plaintiff’s Motion to Proceed Without Prepayment
of Fees (ECF No. 3) is granted.
IT IS SO ORDERED.
Dated in Kansas City, Kansas on this 22nd day of October, 2014.

s/ Teresa J. James
Teresa J. James
U.S. Magistrate Judge

2