Bishop v. Colvin

Filing 5

MEMORANDUM AND ORDER granting 4 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(s) or plaintiff(s) counsel directed to IMMEDIATELY prepare and submit summon(s) to the Clerk for service. Signed by District Judge Carlos Murguia on 8/18/14. (hw)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

STEPHEN ALLYN BISHOP,
Plaintiff,
vs.
CAROLYN W. COLVIN,
Comm’r of Social Security Administration,
Defendant.

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CIVIL ACTION
No. 14-4068-CM

MEMORANDUM AND ORDER
Plaintiff filed the instant action appealing the final decision of the Administrative Law Judge
after the Appeals Council denied plaintiff’s request for review. This matter comes before the court on
plaintiff’s Application For Leave to File Action Without Payment of Fees, Costs or Security, with
Affidavit of Financial Status in Support (Doc. 4).
Under 28 U.S.C. §1915(a), a court may authorize the commencement of an action without
prepayment of fees by a person who submits a supporting affidavit demonstrating that the person is
unable to pay the required fees. The court has wide discretion to grant or deny permission to proceed
in forma pauperis; however, the court cannot act arbitrarily or deny an application on erroneous
grounds. United States v. Garcia, 164 F. App’x 785, 786 n.1 (10th Cir. 2006) (citation omitted).
“[T]he movant must show a financial inability to pay the required filing fees. . . .” Lister v. Dep’t of
Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005).
After reviewing plaintiff’s financial affidavit, the court finds that plaintiff has made a sufficient
showing that he is unable to pay the required filing fees. Plaintiff has been unemployed for the past
two years. Plaintiff’s total monthly income is $185.00, which is from food stamps. Plaintiff’s only

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asset is a motor vehicle, a 2002 GMC Sierra Truck. Plaintiff’s mother provides all other monthly
living expenses.
Based on these facts, the court finds that plaintiff has shown a financial inability to pay the
required filing fees. Accordingly, the court grants plaintiff’s motion to proceed in forma pauperis.
IT IS THEREFORE ORDERED that plaintiff’s Application For Leave to File Action
Without Payment of Fees, Costs or Security, with Affidavit of Financial Status in Support (Doc. 4) is
granted. Plaintiff or plaintiff’s counsel is directed to immediately prepare and submit summons to the
Clerk for service. The Clerk shall issue summons to the United States Marshal or Deputy Marshal,
who are appointed pursuant to Fed. R. Civ. P. 4(c)(3).
Dated this 18th day of August, 2014 at Kansas City, Kansas.

s/ Carlos Murguia
CARLOS MURGUIA
United States District Judge

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