Braun v. United States Post Office
Filing
15
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS. ; denying 1 Motion for Leave to Proceed in forma pauperis. The Clerk of Court shall enter, by separate document, a judgment of dismissal. Signed by Judge Brian Morris on 6/27/2016. (SLL, )
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MONTANA
GREAT FALLS DIVISION
CV 16-24-BU-BMM-JCL
DAVID STEVEN BRAUN
ORDER ADOPTING MAGISTRATE
JUDGE’S FINDINGS AND
RECOMMENDATIONS
Plaintiff,
vs.
UNITED STATES POST OFFICE
Defendants.
Plaintiff David Braun filed a Complaint (Doc. 2) and a Motion to Proceed in
forma pauperis (Doc. 1). Braun included the necessary affidavit of financial
resources in support of the Motion (Doc. 5). United States Magistrate Judge
Jeremiah Lynch entered Findings and Recommendations in this matter on June 15,
2016. (Doc. 12 at 3.) Judge Lynch recommends that the Court deny Plaintiff’s
Motion to Proceed in forma pauperis. Id.
This Court will review Judge Lynch’s Findings and Recommendations for
clear error. McDonnell Douglas Corp. v. Commodore Bus. Mach., Inc., 656 F.2d
1309, 1313 (9th Cir. 1981).
The Court possesses discretion to grant permission to proceed in forma
pauperis. See 28 U.S.C. §1915(a). The court should grant the statutory benefit only
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in cases in of exceptional circumstances. Weller v. Dickson, 314 F.2d 598, 600 (9th
Cir. 1963). The court can grant the request if the applicant demonstrates
sufficiently an inability to pay the court costs and to provide himself and his
dependents the “necessities of life.” Adkins v. E.I. DuPont de Nemours & Co., 335
U.S. 331, 339 (1948).
Braun’s case presents no exceptional circumstances. Paying the court costs
would not deprive Braun of the necessities of life. Braun discloses a monthly
income of $3,527 in his financial Affidavit. Braun’s monthly expenses are just
more than one-third of his monthly income, totaling $1,333. Braun also lists
significant financial assets. Braun possesses a bank account with a balance of
$9,000. Braun owns a home that he values at $200,000 in Big Sky, Montana.
Braun owns an Infiniti automobile.
Braun’s income, his assets, and lack of dependents indicate that paying the
court costs would deprive Braun of the necessities of life. Additionally, the
Magistrate Judge noted that the claim in this case mimics a prior lawsuit, Braun v.
USPS, CV 14-72-BUCV- DWM-JCL, which this court dismissed without leave to
amend. (Doc. 12 at 2.) Based on these findings, the Magistrate Judge did not
commit clear error in denying the application to proceed in forma pauperis. The
Court adopts Judge Lynch’s Findings and Recommendations in full.
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Accordingly, IT IS ORDERED that Braun’s request to proceed in forma
pauperis (Doc. 1) under 28 U.S.C. § 1915(a) is DENIED. The Clerk of Court shall
enter, by separate document, a judgment of dismissal.
DATED this 27th day of June, 2016.
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