Snider v. Yates

Filing 4

MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kenneth G. Gale on 9/13/2013. Mailed to pro se party Vaughn Snider by regular mail. (df)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

VAUGHN L. SNIDER,

vs.
TAFT YATES,

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Plaintiff,
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Defendant. )
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Case No. 13-1330-RDR-KGG

ORDER ON MOTION TO PROCEED
WITHOUT PREPAYMENT OF FEES
In conjunction with his federal court Complaint alleging discrimination,
Plaintiff Vaughn Snider has filed a Motion to Proceed Without Prepayment of Fees
(IFP Application, Doc. 3, sealed), with an accompanying Affidavit of Financial
Status (Doc. 3-1, sealed). Having reviewed Plaintiff’s motion, as well as his
Complaint (Doc. 1), the Court GRANTS this motion.
DISCUSSION
Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of
an action without prepayment of fees, costs, etc., by a person who lacks financial
means. 28 U.S.C. § 1915(a). In so doing, the court considers the affidavit of
financial status included with the application. See id.
There is a liberal policy toward permitting proceedings in forma pauperis

when necessary to ensure that the courts are available to all citizens, not just those
who can afford to pay. See generally, Yellen v. Cooper, 828 F.2d 1471 (10th Cir.
1987). In construing the application and affidavit, 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 WL 1162684, at *1 (D.Kan. Apr. 15,
2002); Webb v. Cessna Aircraft, No. 00-2229, 2000 WL 1025575, at *1 (D.Kan.
July 17, 2000) (denying motion because “Plaintiff is employed, with monthly
income exceeding her monthly expenses by approximately $600.00”).
In his supporting financial affidavit, Plaintiff indicates he is 59 years old and
single with no dependents. (Doc. 3-1, at 1-2.) He is currently employed making a
taking home a small monthly wage. (Id., at 2.) He does, however, also list a
significant monthly Social Security benefit. (Id., at 4.)
Plaintiff does not own any real property, but owns a modest vehicle outright.
(Id., at 3-4.) He lists typical monthly expenses, including rent, groceries, gas,
insurance, etc., which exceed his monthly income. (Id., at 5.) Plaintiff does not
provide an explanation for how he addresses this monetary shortfall. While he
indicates a fair amount of cash on hand, it would only cover the shortfall in his
expenses for a few months. (Id., at 4.) He has never filed for bankruptcy. (Id., at
6.)
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Considering all of the information contained in the financial affidavit, the
Court finds that Plaintiff has adequately established that he is entitled to file this
action without payment of fees and costs. 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 Motion to Proceed
Without Prepayment of Fees (Doc. 3, sealed) is GRANTED.
IT IS FURTHER ORDERED that the Clerk’s office shall proceed to issue
summons in this case.
IT IS SO ORDERED.
Dated at Wichita, Kansas, on this 13th day of September, 2013.
S/ KENNETH G. GALE
KENNETH G. GALE
United States Magistrate Judge

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