Wickerham v. Bayview Loan Servicing et al

Filing 4

ORDER DENYING 2 Motion for Leave to Proceed in forma pauperis; $400.00 filing fee due by 12/8/2014. Signed by Judge Andrew W. Austin. (kkc)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF TEXAS
AUSTIN DIVISION
RYAN WICKERHAM

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V.
BAY VIEW LOAN SERVICING, ET AL

A-14-CV-1033-LY

ORDER
Before the Court is Ryan Wickerham’s Application to Proceed In Forma Pauperis and
Financial Affidavit in Support (Dkt. No. 1). The District Court referred the motion to the
undersigned Magistrate Judge for a determination on the merits pursuant to a standing order of the
Court and 28 U.S.C. § 636(b)(1)(A), Federal Rule of Civil Procedure 72, and Rule 1(c) of Appendix
C to the Local Rules of the United States District Court for the Western District of Texas.
There is no absolute right to proceed in federal court without paying a filing fee in civil
matters. Startti v. United States, 415 F.2d 1115, 1116 (5th Cir. 1969). “[R]ather, it is a privilege
extended to those unable to pay filing fees when the action is not frivolous or malicious.” Id. After
carefully reviewing Wickerham’s financial affidavit, the Court finds that he has sufficient resources
to pay the requisite $400.00 filing fee if he so chooses. Accordingly, the Court HEREBY DENIES
Wickerham’s Application to Proceed In Forma Pauperis (Dkt. No. 1) and ORDERS him to submit
to the Clerk of the Court the $400.00 filing fee in this cause on or before December 8, 2014. If
Wickerham does not pay the filing fee by December 8, 2014, the Court will recommend that the
District Court dismiss his case for failure to prosecute.
SIGNED this 1st day of December, 2014.

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ANDREW W. AUSTIN
UNITED STATES MAGISTRATE JUDGE