Vice v. Commissioner of Social Security Administration

Filing 4

ORDER DENYING 3 Application to Proceed in forma pauperis and DENYING AS MOOT 3 Application to Proceed in forma pauperis. Plaintiff has 60 days to pay filing fee, on or before 8/14/2017. (Signed by Judge George C Hanks, Jr) Parties notified.(dwilkerson, 3)

United States District Court
Southern District of Texas

ENTERED
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF TEXAS
GALVESTON DIVISION
RODNEY KEITH VICE,
Plaintiff,
VS.
COMMISSIONER OF SOCIAL
SECURITY ADMINISTRATION,
Defendant.

§
§
§
§
§
§
§
§
§

June 09, 2017
David J. Bradley, Clerk

CIVIL ACTION NO. 3:16-CV-271

ORDER DENYING LEAVE TO PROCEED IN FORMA PAUPERIS
Plaintiff has requested leave to appear in forma pauperis in this appeal from a
decision regarding Social Security benefits. Dkt. 3.
Plaintiff states that he receives long term disability payments of $3,900 per month,
owns a vehicle, has $1,000 in a savings account, and that his assets include 16 acres of
land that he values at $134,000. His list of expenses amounts to $1,700 per month, and
includes a $600 monthly payment on an “adjoining tract of land,” $500 per month on
credit card debt, and $100 per month for cable television.
After reviewing the application, and considering the applicable authorities, the
Court finds that the application should be DENIED.
“The mere execution of an affidavit of indigence does not automatically entitle a
litigant to proceed in forma pauperis.” Heath v. I.R.S., 2002 WL 31086069, at *1 (N.D.
Tex. 2002) (citing Adkins v. E.I. Du Pont De Nemours & Co., Inc., 335 U.S. 331, 337
(1948); Green v. Estelle, 649 F.2d 298, 302 (5th Cir. Unit A June 1981); 28 U.S.C. §
1915(a)). “While plaintiff does not need to be absolutely destitute to qualify for in forma
1/2

pauperis status, such benefit is allowed only when plaintiff cannot give such costs and
remain able to provide for himself and his dependents.” Bright v. Hickman, 96 F. Supp.
2d 572, 575 (E.D. Tex. 2000) (citing Adkins, 335 U.S. at 339); see also Mitchell v.
Champs Sports, 42 F. Supp. 2d 642, 648 (E.D. Tex. 1998).
In light of the foregoing, the Court ORDERS that Plaintiff has sixty (60) days to
pay the filing fee in this cause; all of the costs associated with the filing of this lawsuit
should be paid on or before August 14, 2017. If Plaintiff does not object to this
recommendation, and further does not pay the filing fee by August 14, 2017, this case be
dismissed without prejudice with no further notice to Plaintiff.
Further, Plaintiff’s motion to proceed in forma pauperis, Dkt. 2, is DENIED as
moot.
SIGNED at Galveston, Texas, this 9th day of June, 2017.
___________________________________
George C. Hanks Jr.
United States District Judge

2/2