Creamer v. ESIS Claims Unit et al

Filing 8

MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. The Clerk shall issue summons to the US Marshal or Deputy Marshal, who are appointed pursuant to Fed.R.Civ.P. 4(c)(3). Plaintiff directed to IMMEDIATELY prepare and submit summon(s) to the Clerk for service. Signed by Magistrate Judge Kenneth G. Gale on 11/23/2011. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARJORIE A. CREAMER,
Plaintiff,
vs.
ESIS CLAIMS UNIT,
Defendant.

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Case No. 11-4110-WEB-KGG

ORDER ON IFP STATUS
Plaintiff Marjorie Creamer filed a federal court Complaint alleging products
liability against a Michigan corporation. (Doc. 1.) In conjunction with her
Complaint, Plaintiff also filed a Motion to Proceed Without Prepayment of Fees
(IFP Application, Doc. 3, sealed), with an accompanying Affidavit of Financial
Status (Doc. 4, sealed).
This Court analyzed Plaintiff’s IFP motion and determined that the financial
information supplied by Plaintiff was inadequate to allow the Court to make a
determination as to whether her monthly expenses exceed her monthly income,
how she deals with any potential financial shortfall, and/or whether her expenses
are reasonable. (See Doc. 5.) Plaintiff was specifically instructed to supplement

her IFP submission and provide the Court with the following supplemental
financial information:
1.

an explanation of her marital/relationship status
(including whether some type of domestic partner
in her home is employed and contributes to the
household financial obligations);

2.

an indication of whether she has ever been
employed and, if so, the requisite information
regarding her former employment;

3.

a specific breakdown of her monthly expenses by
line item as indicated in the financial affidavit; and

4.

a clarification of the amount owed on medical bills
(or, at a minimum, an indication of how much she
is billed or paying on a monthly basis).

(Id., at 4.)
In accordance with the Court’s Order, Plaintiff filed a one page/one
paragraph submission on November 7, 2011. (Doc. 6, sealed.) The Court finds
that Plaintiff has provided an adequate explanation regarding categories 1 (her
marital/relationship status), 2 (her employment status), and 4) her medical bills.
(Id.) She failed, however, to provide a specific breakdown of her monthly
expenses by line item as ordered by the Court. (See Doc. 5; see also Doc. 6,
sealed.)
Despite this oversight, and considering the supplemental information
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provided by Plaintiff, the Court finds that Plaintiff has established that she is
entitled to file this action without payment of fees and costs because her access to
the courts would be limited if she were not granted IFP status. Therefore, the
Court GRANTS Plaintiff leave to proceed in forma pauperis and directs that this
case be filed without payment of a filing fee.

IT IS THEREFORE ORDERED that Plaintiff’s Application for Leave to
File Action Without Payment of Fees, Costs or Security (Doc. 3, sealed) is
GRANTED.
IT IS FURTHER ORDERED that the Clerk’s office shall proceed to issue
summons in this case.
Dated at Wichita, Kansas, on this 23rd day of November, 2011.
S/ KENNETH G. GALE

KENNETH G. GALE
United States Magistrate Judge

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