Simmons v. Kalamazoo County Friend of the Court

Filing 6

ORDER denying plaintiff leave to proceed in forma pauperis; signed by Chief Judge Paul L. Maloney (Chief Judge Paul L. Maloney, kw)

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UNITED STATES OF AMERICA UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN SOUTHERN DIVISION LAWRENCE L. SIMMONS, ) ) Plaintiff, ) ) v. ) ) KALAMAZOO COUNTY FRIEND ) OF THE COURT, ) ) Defendant. ) ____________________________________) Case No. 1:13-cv-445 Honorable Paul L. Maloney ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS This is a civil action brought by a pro se plaintiff against the Kalamazoo County Friend of the Court. Plaintiff has requested leave of court to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. His affidavit of financial status discloses that plaintiff and his spouse own a home valued at $75,000 and a new vehicle (a 2013 Kia Sorrento) worth $23,000. Although it appears that plaintiff does not have an income, plaintiff’s spouse is employed and receives approximately $3,200.00 per month. Plaintiff has $9,000.00 in cash in the bank. The court should only grant leave to proceed in forma pauperis when it reasonably appears that the cost of filing would impose an undue financial hardship. Prows v. Kastner, 842 F.2d 138, 140 (5th Cir. 1988). In this case, plaintiff's financial affidavit discloses that the filing fee of $350.00 would not be beyond his means. In such circumstances, a person does not qualify for pauper status and the application under 28 U.S.C. § 1915(a) should be denied. See Fromal v. Jackson (In re Fromal), No. 93-1883, 1995 WL 230253, at * 1 (4th Cir. Apr. 18, 1995); Williams v. Latins, No. 88-6167, 1989 WL 67117, at * 1 (9th Cir. June 9, 1989); Boutte v. Taplin, No. 04-128, 2004 WL 626286, at * 2 (E.D. La. Mar. 30, 2004); Waddy v. Matheson Tri-Gas, Inc., No. 3-03-cv3075-N, 2004 WL 344179, at * 2 (N.D. Tex. Feb. 11, 2004); Scott v. Bell Atlantic Corp., No. CIV 93-5970, 1995 WL 50973, at * 1 (E. D. Pa. Feb. 7, 1995); Temple v. Ellerthorpe, 586 F. Supp. 848 (D.R.I. 1984); accord Wilson v. Yaklich, 148 F.3d 596, 603 (6th Cir. 1998) (IFP status is a privilege not a right). Accordingly, plaintiff’s application for leave to proceed in forma pauperis is DENIED. Plaintiff shall submit the filing fee within 30 days of the date of this order. Dated: May 2, 2013 /s/ Paul L. Maloney Paul L. Maloney Chief United States District Judge

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