Smith v. Hartley et al

Filing 7

ORDER by Magistrate Judge Kevin R. Sweazea denying 2 Motion to Proceed under 28 U.S.C. 1915. (sls)

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF NEW MEXICO

MELISSA SMITH,
Plaintiff,
v.

No. 2:17-cv-01021-JCH-KRS

MICHAEL HARTLEY and
JAKE VU,
Defendants.
ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS
THIS MATTER comes before the Court upon Plaintiff’s Application (Motion) to
Proceed in District Court without Prepaying Fees or Costs [Doc. 2], filed October 10, 2017. The
Court has the discretion to “authorize the commencement . . . of any suit . . . without prepayment
of fees or security therefore, by a person who submits an affidavit that includes a statement of all
assets [the person] possesses [and] that the person is unable to pay such fees or give security
therefore.” 28 U.S.C. § 1915(a)(1). Yet, a review of Plaintiff’s affidavit of current income and
assets reveals that Plaintiff has a monthly income of between $1,800 and $2,300, and that she
owns her own business. Consequently, Plaintiff has failed to establish that she is unable to pay
the required filing fee or that doing so will cause her substantial hardship.
IT IS, THEREFORE, ORDERED that Plaintiff’s Application (Motion) to Proceed in
District Court without Prepaying Fees or Costs [Doc. 2] is hereby DENIED.

___________________________________
KEVIN R. SWEAZEA
UNITED STATES MAGISTRATE JUDGE