Tilmon v. Polo Ralph Lauren Factory Store

Filing 10

ORDER denying 9 motion for reconsideration of report and recommendation. NOTE - Access to document is restricted pursuant to the court's privacy policy. Signed by Magistrate Judge James P. O'Hara on 7/20/2017. Mailed to pro se party by regular mail. (amh)

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS MELBA A. TILMON ) ) Plaintiff, ) ) v. ) ) POLO RALPH LAUREN FACTORY STORE, ) ) Defendant. ) Case No. 17-2383-JAR ORDER The pro se plaintiff, Melba A. Tilmon, has filed a motion (ECF No. 9) asking the undersigned U.S. Magistrate Judge, James P. O’Hara, to reconsider his recommendation to the presiding U.S. District Judge, Julie A. Robinson, that plaintiff’s motion to proceed with this action in forma pauperis (ECF No. 3) be denied (ECF No. 5). Plaintiff’s motion for reconsideration is denied. Plaintiff’s motion for reconsideration sets forth information about her financial status that was not included in her verified affidavit of financial status (ECF No. 3-1). After considering this new information (and ignoring the fact that it is not verified, i.e., stated under penalty of perjury), the undersigned continues to recommend denial of plaintiff’s motion to proceed in forma pauperis. First, plaintiff states she provides occasional financial assistance to her two adult children who live out of her house. The undersigned views such assistance as discretionary; O:\ORDERS\17-2383-JAR-8.wpd plaintiff may choose not to provide such assistance. Second, plaintiff states she has additional “credit obligations.” These obligations appear to stem largely from discretionary purchases, such as study-abroad trips and furniture. Regardless, plaintiff states she pays $193 per month on these additional obligations. Adding this amount to her previously reported expenses, plaintiff’s total monthly expenses come to around $1,330. Plaintiff has reported her net income is approximately $1,950 a month. Thus, plaintiff’s net income exceeds her obligations by more than $600. In addition, as discussed in the report and recommendation, plaintiff has cash on hand and value in two vehicles. IT IS THEREFORE ORDERED that plaintiff’s motion for reconsideration is denied. Dated July 20, 2017, at Kansas City, Kansas. s/ James P. O’Hara James P. O’Hara U. S. Magistrate Judge O:\ORDERS\17-2383-JAR-8.wpd -2-

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