Laning v. Commissioner of Social Security

Filing 2

REPORT AND RECOMMENDATION1 THAT: (1) PLAINTIFFS MOTION FOR LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. 1) BE DENIED; AND (2) PLAINTIFF BE ORDERED TO PAY THE REQUIRED FILING FEE - re 1 MOTION for Leave to Proceed in forma pauperis filed by Marcia Laning ( Objections to R&R due by 3/16/2015), Motions terminated: 1 MOTION for Leave to Proceed in forma pauperis filed by Marcia Laning.. Signed by Magistrate Judge Michael J Newman on 2/26/2015. (srb1)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION AT DAYTON
MARCIA LANING,
Plaintiff,

Case No. 3:15-cv-75

vs.
COMMISSIONER OF
SOCIAL SECURITY,

District Judge Thomas M. Rose
Magistrate Judge Michael J. Newman

Defendant.

REPORT AND RECOMMENDATION1 THAT: (1) PLAINTIFF’S MOTION FOR
LEAVE TO PROCEED IN FORMA PAUPERIS (DOC. 1) BE DENIED; AND (2)
PLAINTIFF BE ORDERED TO PAY THE REQUIRED FILING FEE

This case is before the Court on Plaintiff’s motion to proceed in forma pauperis. Doc. 1.
In support of her Motion, Plaintiff presents an affidavit stating that she is employed seasonally
four months of the year, during which time she makes $2,125. Id. at PageID 2. In support of her
motion, Plaintiff advises the Court, under penalty of perjury, that her monthly income exceeds
$2,500.00, she has $1,000 in cash on hand, and that she owns four separate parcels of real estate
valued in excess of $450,000. Id. at PageID 2-3.
Pursuant to 28 U.S.C. § 1914(a), “[t]he clerk of each district court shall require the
parties instituting any civil action, suit or proceeding in such court . . . to pay a filing fee of
$350.” However, “[t]o ensure access to the courts,” indigent persons may “avoid payment of
filing fees by filing an in forma pauperis affidavit.” Johnson v. Cargill, Inc., No. 08-2052-B/V,
2008 WL 501341, at *1 (W.D. Tenn. Feb. 21, 2008); 28 U.S.C. 1915(a). Upon the filing of an

1

Attached hereto is a NOTICE to the parties regarding objections to this Report and
Recommendation.

application to proceed in forma pauperis, “the Court must conduct a satisfactory inquiry into the
plaintiff’s ability to pay the filing fee and prosecute the lawsuit.” Id.
Here, while Plaintiff need not show that she is penniless to proceed in forma pauperis,
she fails to show that paying the required fee would amount to a serious financial hardship.
Thus, Plaintiff fails satisfy her burden of demonstrating an inability to pay.
Accordingly, based upon the foregoing, the undersigned RECOMMENDS that
Plaintiff’s motion to proceed in forma pauperis (doc. 1) be DENIED WITHOUT
PREJUDICE. If Plaintiff feels additional information not elicited in the form affidavit would
further support her motion, she may file another application.

Otherwise, the undersigned

RECOMMENDS that Plaintiff be ORDERED to pay the required civil filing fee.

Date:

February 26, 2015

s/ Michael J. Newman
Michael J. Newman
United States Magistrate Judge

NOTICE REGARDING OBJECTIONS
Pursuant to Fed. R. Civ. P. 72(b), any party may serve and file specific, written
objections to the proposed findings and recommendations within FOURTEEN days after being
served with this Report and Recommendation. Pursuant to Fed. R. Civ. P. 6(d), this period is
extended to SEVENTEEN days because this Report and Recommendation is being served by
one of the methods of service listed in Fed. R. Civ. P. 5(b)(2)(C), (D), (E), or (F), and may be
extended further by the Court on timely motion for an extension. Such objections shall specify
the portions of the Report and Recommendation 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 of 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 FOURTEEN days after being
served with a copy thereof.

As is made clear above, this period is likewise extended to

SEVENTEEN days if service of the objections is made pursuant to Fed. R. Civ. P. 5(b)(2)(C),
(D), (E), or (F). Failure to make objections in accordance with this procedure may forfeit rights
on appeal. See Thomas v. Arn, 474 U.S. 140, 153-55 (1985); United States v. Walters, 638 F.2d
947, 949-50 (6th Cir. 1981).