Caviness v. Social Security, Commissioner of

Filing 24

ORDER DENYING 23 Application to Proceed Without Prepaying Fees or Costs filed by Angela Leigh Caviness Signed by District Judge Robert H. Cleland. (LWag)

UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION

ANGELA LEIGH CAVINESS,
Plaintiff,
v.

Case No. 13-15288

COMMISSIONER OF SOCIAL SECURITY,
Defendant.
/
ORDER DENYING APPLICATION TO PROCEED
IN FORMA PAUPERIS ON APPEAL
Before the court is Plaintiff Angela Caviness’s application for leave to proceed in
forma pauperis on her appeal of an attorney’s fee award. (Dkt. # 23.) Federal Rule of
Appellate Procedure 24(a)(1) provides that a party to a district court action who desires
to appeal in forma pauperis must file a motion in the district court. This motion must
include an affidavit that demonstrates “the party’s inability to pay or to give security for
fees and costs[.]” Fed. R. App. P. 24(a)(1)(A). The decision to grant or deny an
application to proceed in forma pauperis lies within the sound discretion of the district
court. Swenson v. Pramstaller, 169 F. App’x 449, 450 (6th Cir. 2006).
In her application, Plaintiff asserts that she is unemployed and “can barely keep
up with monthly bills, college expenses, etc. Nearly all savings have been spent to cover
living expenses.” (Dkt. # 23, Pg. ID 1615.) Plaintiff has also attached to her application
an enumerated list of monthly expenses. (Id. at 1616.)
Nevertheless, the court finds Plaintiff’s claims unpersuasive in light of her
spouse’s rather substantial income and the nature of this action. Plaintiff’s spouse,

according to her application, has an annual salary of approximately $94,000. The court
is of the opinion that a party with stable income of this size can likely afford the rather
modest cost of filing an appeal with the Sixth Circuit. Moreover, this is an appeal of an
attorney’s fee award. As the court has already awarded an attorney’s fee in this case,
the attorney’s interest has been served, and any further efforts to increase the award
can be financed by Plaintiff or her counsel.
IT IS THEREFORE ORDERED that Plaintiff's “Application to Proceed Without
Prepayment of Fees” (Dkt. # 23) is DENIED.

s/Robert H. Cleland
ROBERT H. CLELAND
UNITED STATES DISTRICT JUDGE
Dated: December 9, 2015

I hereby certify that a copy of the foregoing document was mailed to counsel of record
on this date, December 9, 2015, by electronic and/or ordinary mail.
s/Lisa Wagner
Case Manager and Deputy Clerk
[phone]

S:\Cleland\SMQ\Civil\13-15288.CAVINESS.denyIFPappeal.smq.wpd

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