Murphy et al v. The Bank of New York

Filing 2

REPORT AND RECOMMENDATIONS re plaintiffs' 1 MOTION for Leave to Proceed in forma pauperis. Objections to R&R due by 7/14/2014, Noting Date 7/18/2014. A copy of this R&R has been mailed to plaintiffs today. Signed by Hon. Mary Alice Theiler. (Attachments: # 1 R&R Letter, # 2 R&R Proposed Order, # 3 R&R Judgment)(GB)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

08 AARON D. MURPHY, et al.,
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Plaintiffs,
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v.
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THE BANK OF NEW YORK,
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Defendant.
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____________________________________ )

CASE NO. C14-0955-RSM

REPORT AND RECOMMENDATION

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Plaintiff Deborah Murphy filed a motion to proceed in forma pauperis (IFP) in this civil

15 matter (Dkt. 1), while plaintiff Aaron Murphy failed to submit an IFP application. The Court
16 would ordinarily require the submission of a separate application for Aaron Murphy in order to
17 provide a complete picture of financial eligibility. However, in this case, the Court finds the
18 information from Deborah Murphy sufficient to render a determination.
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Deborah Murphy’s application reveals that she earns a net monthly salary of $3,800.00,

20 has monthly expenses totaling $3,350.00, and has over $800.00 available in checking and
21 savings accounts, as well as $19,000.00 in a company retirement plan. While her monthly
22 expenses approach the amount of her income, it remains that she appears to have the funds

REPORT AND RECOMMENDATION
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01 available to pay the filing fee in this matter. As such, the Court concludes plaintiff Deborah
02 Murphy does not financially qualify for IFP status. The Court, therefore, recommends the IFP
03 application be DENIED. This action should proceed only if plaintiff pays the $400 filing fee
04 within thirty (30) days after entry of the Court’s Order adopting this Report and
05 Recommendation. If no filing fee is paid within thirty days of the Court’s Order, the Clerk
06 should close the file.
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DATED this 30th day of June, 2014.

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Mary Alice Theiler
Chief United States Magistrate Judge

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REPORT AND RECOMMENDATION
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