Greene v. Greyhound Lines, Inc.

Filing 4

ORDER granting 3 Motion for Leave to Proceed in forma pauperis. The clerk is directed to STAY service of process pending the District Court's review of the Report and Recommendation filed simultaneously with this Order. Signed by Magistrate Judge Gwynne E. Birzer on 2/6/18. Mailed to pro se party Cedric Greene by certified mail; Certified Tracking Number: 70123050000111903658. (adc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS

CEDRIC GREENE,
Plaintiff,
v.
GREYHOUND LINES, INC.,
Defendants.

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Case No. 18-1014-EFM-GEB

ORDER
This matter is before the Court on Plaintiff’s Motion to Proceed without
Prepayment of Fees (ECF No. 3). For the reasons outlined below, Plaintiff’s Motion to
Proceed without Prepayment of Fees (ECF No. 3) is GRANTED.
Under 28 U.S.C. § 1915(a), the Court has the discretion1 to authorize the filing of
a civil case “without prepayment of fees or security thereof, by a person who submits an
affidavit that . . . the person is unable to pay such fees or give security thereof.”
“Proceeding in forma pauperis in a civil case ‘is a privilege, not a right—fundamental or
otherwise.’”2 To determine whether a party is eligible to file without prepayment of the
fee, the Court commonly reviews that party’s financial affidavit, and compares his or her
monthly expenses with the monthly income disclosed therein.3

1

In his short form

Barnett ex rel. Barnett v. Nw. Sch., No. 00-2499, 2000 WL 1909625, at *1 (D. Kan. Dec. 26,
2000) (citing Cabrera v. Horgas, 173 F.3d 863, at *1 (10th Cir. April 23, 1999)).
2
Id. (quoting White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998)).
3
Alexander v. Wichita Hous. Auth., No. 07-1149-JTM, 2007 WL 2316902, at *1 (D. Kan. Aug.
9, 2007) (citing Patillo v. N. Am. Van Lines, Inc., No. 02-2162-JWL-DJW, 2000 WL 1162684, at

application and affidavit, Plaintiff indicates he is not currently employed, and his sole
source of income is his monthly disability income due to “many medical reasons” (ECF
No. 3, sealed).

He owns no real estate or automobile, and appears to be without

significant assets (Id.). In keeping with the Court’s liberal policy toward permitting
proceedings in forma pauperis,4 and after careful review of Plaintiff’s Motion and
Affidavit of Financial Status (ECF No. 3), the Court finds he is financially unable to pay
the filing fee.
IT IS THEREFORE ORDERED that Plaintiff’s Motion to Proceed without
Prepayment of Fees (ECF No. 3) is GRANTED. Although a grant of in forma pauperis
status to a filing party would normally invoke service of process by the clerk of court
under 28 U.S.C. § 1915(d) and Fed. R. Civ. P. 4(c)(3), the clerk is directed to stay
service of any documents pending the District Court’s review of the Report and
Recommendation filed simultaneously herein (ECF No. 5).5

IT IS SO ORDERED.
Dated at Wichita, Kansas this 6th day of February 2018.
s/ Gwynne E. Birzer
GWYNNE E. BIRZER
United States Magistrate Judge

*1) (D. Kan. Apr. 15, 2002) and Webb v. Cessna Aircraft, No. 00-2229-JWL-DJW, 2000 WL
1025575, at *1 (D. Kan. July 17, 2000)).
4
See generally, Yellen v. Cooper, 828 F.2d 1471 (10th Cir. 1987).
5
See Webb v. Vratil, No. 12-2588-EFM-GLR, ECF No. 7 (D. Kan. Sept. 28, 2012) (withholding
service of process pending review under 28 U.S.C. § 1915(e)(2)(B) and Fed. R. Civ. P. 12(h)(3)).
2