Sheaffer v. Lehman

Filing 3

REPORT AND RECOMMENDATIONS - to DENY 1 MOTION for Leave to Proceed in forma pauperis filed by Robert W Sheaffer. Noting Date 2/3/2006.Signed by Judge J. Kelley Arnold. (PL, )

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Sheaffer v. Lehman Doc. 3 Case 3:06-cv-05001-RBL Document 3 Filed 01/09/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The court has reviewed petitioner's application for leave to proceed in forma pauperis (Doc. 1). The court finds and recommends: (1). Plaintiff is in state custody at the Special Commitment Center and in his application, plaintiff indicates that he has $500.00 in savings and a bi-weekly income of approximately $100.00 (2). The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. 1915(a). However, the court has broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). Several district courts have ruled that denial of in forma pauperis status is not unreasonable when the plaintiff is able to pay the initial expenses required to commence a lawsuit. See Temple v. Ellerthorpe, 586 F.Supp. 848 (D.R.I. 1984); Braden v. Estelle, 428 F.Supp. 595 (S.D.Tex. 1977); U.S. ex rel. Irons v. Com. of Pa., 407 F.Supp. 746 (M.D.Pa. 1976); Shimabuku v. Britton, 357 F.Supp. 825 (D.Kan. 1973), aff'd, 503 F.2d 38 (10th Cir. 1974); Ward v. Werner, 61 F.R.D. v. JOSEPH LEHMAN, Defendant. ROBERT W. SHEAFFER, Plaintiff, Case No. C06-5001RBL REPORT AND RECOMMENDATION TO DENY PLAINTIFF'S I.F.P. APPLICATION Noted for February 3, 2006 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA Report and Recommendation Page - 1 Dockets.Justia.com Case 3:06-cv-05001-RBL Document 3 Filed 01/09/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 639 (M.D.Pa. 1974). (3) Based on the above, the Court should deny plaintiff's application to proceed in forma pauperis,. Plaintiff has not shown that he is unable to pay the full filing fee ($250.00) to proceed with his lawsuit. (4) Pursuant to 28 U.S.C. 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure, the parties shall have ten (10) days from service of this Report to file written objections. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Rule 72(b), the clerk is directed to set the matter for consideration on February 3, 2006, as noted in the caption. DATED this 9th day of January, 2006. /s/ J. Kelley Arnold J. Kelley Arnold United States Magistrate Judge Report and Recommendation Page - 2

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