Mahowald et al v. Transportation Security Administration

Filing 6

ORDER granting 3 Motion for Leave to Proceed in forma pauperis by Jacob Mahowald. Kari Mahowald has 30 days from the date of this Order to pay the filing fee in full or to move to proceed in forma pauperis. Signed by U.S. District Judge Lawrence L. Piersol on 3/8/18. (SLW)

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
SOUTHERN DIVISION

JACOB BENEDICT MAHOWALD,KARI L.
MAHOWALD,

4:18-CV-04024-LLP

Plaintiffs,
ORDER
vs.

TRANSPORTATION SECURITY

ADMINISTRATION, U.S. DEPARTMENT OF
HOMELAND SECURITY;
Defendant.

s

Plaintiffs, Jacob Mahowald and Kari Mahowald, filed a pro se complaint pursuant to the
Federal Tort Claims Act. Docket 1. Jacob Mahowald requested leave to proceed in forma pauperis
pursuant to 28 U.S.C.§ 1915. Docket 3. A federal court may authorize the commencement of suit

without prepayment offees when an applicant files an affidavit stating that he is unable to pay the
costs of the lawsuit. 28 U.S.C. § 1915. In forma pauperis status is a privilege rather than a right.
See, e.g., Williams v. McKenzie,834 F.2d 152,154(8th Cir. 1987)(discussing the right to proceed
in forma pauperis in a nonprisoner case). Determining whether an applicant is sufficiently
impoverished to qualify to proceed in forma pauperis under § 1915 is committed to the court's

discretion. Cross v. Gen. Motors Corp., 721 F.2d 1152, 1157(8th Cir. 1983). "In forma pauperis
status does not require a litigant to demonstrate absolute destitution." Lee v. McDonald's Corp.,
\

231 F.3d 456, 459 (8th Cir. 2000). Jacob Mahowald has provided an application showing his is

unable to pay the filing fee. Docket 3. The Court finds that Jacob Mahowald qualifies under § 1915
to proceed in forma pauperis.

Kari Mahowald has not requested leave to proceed in forma pauperis or paid the filing fee.
If Kari Mahowald wishes to proceed, the Court will allow her thirty (30) days either to pay the
filing fee or to file a motion to proceed in forma pauperis. If Kari Mahowald decides not to pay

the filing fee or to file a motion to proceed in forma pauperis, the Court will dismiss her as a

plaintiff in this action. Upon a good cause showing by Kari Mahowald of a need for additional
time, the Court will grant additional time. The Court prefers, however, that this issue proceed as
promptly as possible to decision and judgment.
Accordingly, it is ORDERED

1. Jacob Mahowald's motion for leave to proceed in forma pauperis(Docket 3)is
granted. The filing fee is waived.

2. Jacob Mahowald will keep the court informed of his current address at all times. All parties
are bound by the Federal Rules of Civil Procedure and by the court's Local Rules while this
case is pending.

3. Kari Mahowald has thirty(30)days from the date ofthis Order to pay the filing fee in full or
to move for leave to proceed in forma pauperis or Kari Mahowald will be dismissed as a

plaintiffin this action unless additional time has been granted upon a showing of good cause
for more time being needed.
Dated this 8th day of March, 2018.
BY THE COURT:

laivxijujuL
iwrence L. Piersol
United States District Judge
ATTEST:

MATTHEW W.THELEKjGfeERK
BYt

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