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)
UNITED STATES OF AMERICA
UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF MICHIGAN
SOUTHERN DIVISION
LAWRENCE L. SIMMONS,
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)
Plaintiff,
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v.
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KALAMAZOO COUNTY FRIEND
)
OF THE COURT,
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)
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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