Shepherd-Sampson v. Paratransit Services et al

Filing 2

ORDER by Judge Benjamin H Settle denying 1 Motion for Leave to Proceed in forma pauperis.(TG; cc mailed to plaintiff)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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JEWEL SHEPHERD-SAMPSON,

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Plaintiff,
v.
PARATRANSIT SERVICES, et al.,

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CASE NO. C13-5888 BHS
ORDER DENYING MOTION TO
PROCEED IN FORMA
PAUPERIS

Defendants.

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This matter comes before the Court on Plaintiff Jewel Shepherd-Sampson’s

14 (“Shepherd-Sampson”) motion to proceed in forma pauperis (Dkt. 1). The Court has
15 considered the pleadings filed in support of the motion and the remainder of the file and
16 hereby denies the motion for the reasons stated herein.
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The district court may permit indigent litigants to proceed in forma pauperis upon

18 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the
19 “privilege of pleading in forma pauperis . . . in civil actions for damages should be
20 allowed only in exceptional circumstances.” Wilborn v. Escalderon, 789 F.2d 1328 (9th
21 Cir. 1986). Moreover, the Court has broad discretion in denying an application to
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ORDER - 1

1 proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963), cert. denied,
2 375 U.S. 845 (1963).
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In this case, Shepherd-Sampson has failed to show that she is entitled to proceed

4 in forma pauperis. In exercising its broad discretion, the Court finds that her
5 circumstances do not meet the indigency requirements necessary to grant in forma
6 pauperis status.
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Therefore, it is hereby ORDERED that Shepherd-Sampson’s motion to proceed in

8 forma pauperis (Dkt. 1) is DENIED. If she desires to proceed with this civil action, she
9 shall pay the $400 filing fee to the Court Clerk not later than October 23, 2013. If
10 Shepherd-Sampson fails to timely submit the filing fee, the Clerk is directed to dismiss
11 this case without prejudice.
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Dated this 9th day of October, 2013.

A

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BENJAMIN H. SETTLE
United States District Judge

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ORDER - 2