Nolan-Bey v. Wickham Glass, Inc. et al
MEMORANDUM AND ORDER granting 3 Motion for Leave to Proceed in forma pauperis. Signed by Magistrate Judge Kenneth G. Gale on 8/8/17. Mailed to pro se party Marques V. Nolan-Bey by regular mail. (df)
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARQUES V. NOLAN-BEY,
WICKHAM GLASS, INC., et al.,
Case No. 17-1196-JTM-KGG
MEMORANDUM & ORDER ON
MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES
Plaintiff’s federal court Complaint brings a national origin employment
discrimination claim against Defendants. (See generally, Doc. 1.) In conjunction
with his federal court Complaint, Plaintiff 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 financial affidavit and Complaint, the Court GRANTS
Plaintiff’s motion for IFP status.
Motion to Proceed IFP.
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 31 years old and
single, with no dependents. (Doc. 3-1, sealed, at 1-2.) Plaintiff indicates he is
currently employed as a custodian, but lists “$0” as his wage, leading the Court to
surmise that the employment listed may not be current. (Id., at 2.) He lists no
other sources of income and only a small amount of cash on hand. (Id., at 4-5.) He
owns no real property and does not own an automobile, although he appears to
have access to a car owned by someone else. (Id., at 3-4.) He lists certain monthly
expenses, including groceries, gas, insurance, and telephone. (Id., at 5.) He does
not list a rent expense, however, and states that he is “homeless, but lives with
Aunt from time to time.” (Id., at 5.) He also lists a student loan debt that he pays
every two weeks. (Id.) He has not previously filed for bankruptcy. (Id., at 6.)
Considering all of the information contained in the financial affidavit, the
Court finds that Plaintiff has established that his access to the Court would be
significantly limited absent the ability to file this action without payment of fees
and costs. The Court GRANTS Plaintiff leave to proceed in forma pauperis (Doc.
IT IS THEREFORE ORDERED that Plaintiff’s motion for IFP status
(Doc. 3) is GRANTED.
IT IS SO ORDERED.
Dated at Wichita, Kansas, on this ___ day of August, 2017.
KENNETH G. GALE
United States Magistrate Judge
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