Skala v. Lewis

Filing 4

MEMORANDUM AND ORDER ON PLAINTIFF'S APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS. Skala's application to proceed in forma pauperis, ECF No. 2 , is denied without prejudice to refiling. Ordered by Senior Judge Warren K. Urbom. (Copy mailed to pro se party)(GJG)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEBRASKA
JOYCE A. SKALA,
Plaintiff,
v.
SUSAN P. LEWIS,
Defendant.

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4:13CV3163
MEMORANDUM AND ORDER ON
PLAINTIFF’S APPLICATION TO
PROCEED IN DISTRICT COURT
WITHOUT PREPAYING FEES OR COSTS

The plaintiff, Joyce A. Skala, has filed an application to proceed in forma pauperis in this
action. (ECF No. 2.) The declaration submitted by Skala in support of her application indicates that
she receives “gross pay or wages” in the amount of $968.00, but the declaration does not indicate
how frequently she receives this amount (e.g., monthly, weekly, or some other period). (Id. at 1.)
Skala’s declaration also appears to state that this amount is not in fact a wage, but a “social security
check.” (Id.) In addition, Skala’s declaration indicates that during the past 12 months, Skala has
received income from disability or worker’s compensation payments, but the amount of this income
is not clear. (See id.) It is possible that Skala intended to report that she receives no income apart
from disability benefits in the form of a $968 social security check. It is also possible, however, that
she receives some form of additional income and failed to specify the amount on her declaration.

Due to the ambiguity in Skala’s application, I cannot determine whether she has sufficient
income to pay the applicable fees. See NECivR. 3.3(a) (“A financial affidavit that substantially
complies with 28 U.S.C. § 1915(a) and discloses the applicant’s income, assets, expenses, and
liabilities must accompany an application to proceed in forma pauperis.”). Skala’s application will
therefore be denied without prejudice. She may file a new, corrected application that clearly lists
the total amount of income she receives during a particular time period (for example, her total
income per month), along with her assets, expenses, and debts; in the alternative, she may pay the
filing fee.
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IT IS ORDERED that Skala’s application to proceed in forma pauperis, ECF No. 2), is
denied without prejudice to refiling.
Dated September 17, 2013.

BY THE COURT

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Warren K. Urbom
United States Senior District Judge

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