Finkley v. McDonald
ORDER ADOPTING REPORT AND RECOMMENDATIONS: Report and Recommendation 5 is adopted as the opinion of this Court. Plaintiff Charlie E. Finkley's Motion to Proceed In Forma Pauperis 2 is Denied. Signed by Chief District Judge Louis Guirola, Jr. on 9/16/2016 (wld)
IN THE UNITED STATES DISTRICT COURT
FOR THE SOUTHERN DISTRICT OF MISSISSIPPI
CHARLIE E. FINKLEY
CAUSE NO. 1:16CV290-LG-RHW
ROBERT A. McDONALD,
Secretary of Veterans Affairs
ORDER ADOPTING REPORT AND RECOMMENDATION
BEFORE THE COURT is the Report and Recommendation  entered by
United States Magistrate Judge Robert H. Walker regarding the plaintiff Charlie E.
Finkley’s Motion to Proceed In Forma Pauperis (IFP) . Judge Walker determined
that the Motion should be denied. Finkley filed a timely objection to the Report and
Recommendation. After reviewing the record in this matter and the applicable law,
the Court finds that the Report and Recommendation should be adopted as the
opinion of this Court and Finkley’s IFP Motion should be denied.
Finkley filed this employment discrimination lawsuit against Robert A.
McDonald, Secretary of the United States Department of Veterans Affairs, as well
as an IFP Motion . Finkley stated that, as of August 9, 2016, he had $300 in
cash, $4500 in a credit union checking account, a home worth $100,000, and two
vehicles worth a total of $7000. He claimed a monthly income of $3657 and
monthly expenses of $3050. He stated that he was unable to pay the filing fee,
because his twenty-one-year-old daughter is a student at the University of Texas at
Austin. Judge Walker recommends that this Court deny the IFP Motion because
Finkley is capable of paying the filing fee.
In his Objection, Finkley asserts that he pays $900 each month for his
daughter’s expenses, and the $300 in cash was earned from a one week painting job
that served as his only earned income since April 2015. He states that he
liquidated his retirement account in July 2015 and deposited those funds in his
checking account. He also explained that the $4500 balance in his checking account
“is slightly more than one month’s expenses. It is only this amount around the first
day of each month [when retirement] funds are deposited and bills have not been
paid.” (Obj. at 1, ECF No. 6). He also asserts that he is unsure of the actual value
of his home because it is in need of repair. In addition, he owes $3000 to a credit
union for a title loan. He provided a chancery court order concerning child support,
the title loan statement, his August 2016 checking account statement, and other
Finkley’s August checking account statement reflects an opening balance of
$3650.44 on August 1, 2016, and a closing balance of $2600.23 on August 31, 2016.
Therefore, contrary to his assertions, there are funds remaining in Finkley’s
account after payment of his monthly expenses that are sufficient to pay the filing
fee. As a result, the Court finds that Judge Walker’s Report and Recommendation
should be adopted as the opinion of this Court and Finkley’s IFP Motion should be
denied. Finkley must pay the filing fee within thirty days of the date of this Order.
Failure to pay the filing fee by that deadline will result in dismissal of this lawsuit
IT IS, THEREFORE, ORDERED AND ADJUDGED that the Report and
Recommendation  entered by United States Magistrate Judge Robert H. Walker
is ADOPTED as the opinion of this Court.
IT IS, FURTHER, ORDERED AND ADJUDGED that the plaintiff Charlie
E. Finkley’s Motion to Proceed In Forma Pauperis (IFP)  is DENIED. Finkley
must pay the filing fee within thirty days of the date of this Order. Failure to pay
the required filing fee may result in a dismissal without further notice.
SO ORDERED AND ADJUDGED this the 16th day of September, 2016.
Louis Guirola, Jr.
LOUIS GUIROLA, JR.
CHIEF U.S. DISTRICT JUDGE
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