Helstrom v. United States of America, The et al

Filing 11

MEMORANDUM AND ORDER. It is therefore ordered that Plaintiff's 2 Motion to Proceed Without Prepayment of Fees is DENIED for failure to submit the required affidavit of financial status. It is further ordered that the 8 Notice and Report and Recommendation is granted and this case be DISMISSED without prejudice. Signed by Chief District Judge Eric F. Melgren on 08/28/2024. Mailed to pro se party Mark Helstrom by regular mail. (kmc)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
MARK HELSTROM,
Plaintiff,
v.
Case No. 23-cv-1250-EFM-GEB
THE UNITED STATES OF AMERICA and
STATE OF KANSAS,
Defendants.

MEMORANDUM AND ORDER
Before the Court is a Report and Recommendation (“R&R”) from Magistrate Judge
Gwynne E. Birzer (Doc. 8). Pro se Plaintiff Mark Helstrom filed this action on November 22,
2023, seeking to challenge the constitutionality of filing fee requirements in both Kansas and
federal courts. Plaintiff did not pay a filing fee. Along with his Complaint, Plaintiff filed a Motion
for Leave to Proceed in forma pauperis (Doc. 2). However, he did not file a financial affidavit, as
required for the Court to determine whether Plaintiff’s Motion may be granted.1
On December 18, 2023, Judge Birzer ordered Plaintiff to file a financial affidavit in support
of his Motion. Plaintiff refused. After giving Plaintiff more than enough time to comply with her
order, Judge Birzer filed her R&R on July 22, 2024. In the R&R, Judge Birzer recommends
denying Plaintiff’s Motion because he failed to file a financial affidavit. She also recommends
dismissal of Plaintiff’s case for: (1) failure comply with her December 18, 2023, Order; (2) failure

1

See 28 U.S.C. § 1915(a); D. Kan. Rule 9.1(g)(1).

to provide the financial information required by 28 U.S.C. § 1915(a) and D. Kan. Rule 9.1(g)(1)
to proceed in this case without prepayment of the filing fee; and (3) failure to pay the filing fee as
required by 28 U.S.C. § 1914.
After issuing her R&R, Judge Birzer instructed the parties that they had 14 days after being
served with the R&R to file any objection. On July 29, 2024, Plaintiff phoned the clerk’s office
of this Court, informing them that he had received the R&R via mail, but he refused to open the
envelope because:
Due to the violent tendencies of the United States Government, the Several States
and their agencies, Mark can no longer accept any Government correspondence in
paper form through the USPS or any other carrier, due to foreign substances that
could be placed or claimed placed on the documents placing my life in DANGER!
This government has shown time and time again that they cannot be trusted in any
way shape or form. Any correspondence sent to Mark through USPS or any other
carrier will be immediately refused, rejected or instantly disposed of without
opening.2
The clerk’s office then emailed him a copy of the R&R to the alternative email address he provided.
He filed his self-titled “Response” on August 15, 2024. Instead of addressing the legal and
procedural issues raised by Judge Birzer, Plaintiff complained of being labeled “pro se” and having
his action described as a “lawsuit,” before vigorously attempting to advocate the merits of his
claim. He still has not submitted a financial affidavit or paid the filing fee.
Having reviewed both Judge Birzer’s R&R and Plaintiff’s Response, the Court is entirely
in agreement with Judge Birzer and adopts her R&R in full. Plaintiff’s Response does not address
Judge Birzer’s concerns. Because Plaintiff has failed to file a financial affidavit, his Motion must
be denied. And because he did not pay a filing fee—and does not proceed in forma pauperis—his
case must be dismissed without prejudice.

2

This section was taken from Plaintiff’s Response to Judge Birzer’s R&R.

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IT IS THEREFORE ORDERED that Plaintiff’s Motion to Proceed Without Prepayment
of Fees (Doc. 2) is DENIED for failure to submit the required affidavit of financial status.
IT IS FURTHER ORDERED that the Notice and Report and Recommendation, DE 8, is
granted and this case be DISMISSED without prejudice.
IT IS SO ORDERED.
Dated this 28th day of August, 2024.

ERIC F. MELGREN
CHIEF UNITED STATES DISTRICT JUDGE

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