Stansberry v. Pappadeaux

Filing 2

REPORT AND RECOMMENDATIONS re #1 MOTION for Leave to Proceed in forma pauperis filed by Brett Stansberry. IT IS RECOMMENDED THAT: 1. Plaintiff's motion to proceed in forma pauperis be DENIED. 2. If this recommendation is adopted, that plaintiff be GRANTED an EXTENSION OF TIME of thirty (30) days from the date of any Order adopting the Report and Recommendation to pay the required filing fee of $402.00. Plaintiff should be notified that his complaint will not be deemed filed until the appropriate filing fee is paid and that if he fails to pay the filing fee within thirty (30) days this matter will be closed. Signed by Magistrate Judge Karen L. Litkovitz on 11/17/2022. Objections to R&R due by 12/1/2022 (eh)(This document has been sent by regular mail to the party(ies) listed in the NEF that did not receive electronic notification.) Modified on 11/18/2022 to designate order as an opinion (srb).

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

BRETT STANSBERRY,
Plaintiff
vs.

Case No. 1:22-cv-667
Cole, J.
Litkovitz, M.J.
REPORT AND RECOMMENDATION

PAPPADEAUX,
Defendant

This matter is before the Court on plaintiff’s motion to proceed in forma pauperis
pursuant to 28 U.S.C. § 1915(a)(1) in connection with an employment discrimination suit.
(Doc. 1). Plaintiff’s sworn declaration states that he is employed. (Doc. 1 at PAGEID 2). In
response to the question, “How much do you earn per month?” plaintiff responded, “Not sure.”
(Id.). Plaintiff also states he has $5,000.00 in a checking, savings, or other account. (Id. at
PAGEID 3). Plaintiff’s sworn declaration does not list any monthly expenses or obligations.
(Id.).
The Court is unable to conclude from plaintiff’s affidavit that his income and assets are
insufficient to provide himself with the necessities of life and still have sufficient funds to pay
the full filing fee of $402.00 in order to institute this action. See Adkins v. E.I. DuPont De
Nemours & Co., Inc., 335 U.S. 331, 339 (1948). Therefore, plaintiff’s motion to proceed in
forma pauperis should be denied.
IT IS THEREFORE RECOMMENDED THAT:
1. Plaintiff’s motion to proceed in forma pauperis be DENIED.
2. If this recommendation is adopted, that plaintiff be GRANTED an EXTENSION OF
TIME of thirty (30) days from the date of any Order adopting the Report and Recommendation
to pay the required filing fee of $402.00. Plaintiff should be notified that his complaint will not

be deemed “filed” until the appropriate filing fee is paid, see Truitt v. County of Wayne, 148 F.3d
644, 648 (6th Cir. 1998), and that if he fails to pay the filing fee within thirty (30) days this
matter will be closed.

Date: 11/17/2022

Karen L. Litkovitz
United States Magistrate Judge

2

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION

BRETT STANSBERRY,
Plaintiff

Case No. 1:22-cv-667
Cole, J.
Litkovitz, M.J.

vs.
PAPPADEAUX,
Defendant

NOTICE
Pursuant to Fed. R. Civ. P. 72(b), WITHIN 14 DAYS after being served with a copy of
the recommended disposition, a party may serve and file specific written objections to the
proposed findings and recommendations.

This period may be extended further by the Court on

timely motion for an extension. Such objections shall specify the portions of the Report
objected to and shall be accompanied by a memorandum of law in support of the objections. If
the Report and Recommendation is based in whole or in part upon matters occurring on the
record at an oral hearing, the objecting party shall promptly arrange for the transcription of the
record, or such portions of it as all parties may agree upon, or the Magistrate Judge deems
sufficient, unless the assigned District Judge otherwise directs. A party may respond to another
party=s objections WITHIN 14 DAYS after being served with a copy thereof. Failure to make
objections in accordance with this procedure may forfeit rights on appeal. See Thomas v. Arn,
474 U.S. 140 (1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

3