Tucker v. United States Postal Service

Filing 5

ORDER granting 1 Plaintiff's Motion for Leave to Proceed In Forma Pauperis; signed by Judge Ronald B. Leighton.(DN) Modified on 6/26/2020 (DN). (cc to pltf)

Case 3:20-cv-05537-RBL Document 5 Filed 06/26/20 Page 1 of 3

HONORABLE RONALD B. LEIGHTON

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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CASE NO. 3:20-cv-05537-RBL

CAROL TUCKER,
Plaintiff,
v.

ORDER ON MOTION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS

UNITED STATES POSTAL SERVICE,
Defendant.

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THIS MATTER is before the Court on Plaintiff Carol Tucker’s Motion for Leave to
Proceed In Forma Pauperis. Dkt. # 1.
A district court may permit indigent litigants to proceed in forma pauperis upon

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completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). The court has broad

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discretion in resolving the application, but “the privilege of proceeding in forma pauperis in civil

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actions for damages should be sparingly granted.” Weller v. Dickson, 314 F.2d 598, 600 (9th Cir.

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1963), cert. denied 375 U.S. 845 (1963). The standard governing in forma pauperis eligibility

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under 28 U.S.C. § 1915(a)(1) is “unable to pay such fees or give security therefor.” A person is

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eligible if they are unable to pay the costs of filing and still provide the necessities of life. See

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ORDER ON MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS - 1

Case 3:20-cv-05537-RBL Document 5 Filed 06/26/20 Page 2 of 3

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Rowland v. Cal. Men's Colony, Unit II Men’s Advisory Council, 506 U.S. 194, 203 (1993)

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(internal quotations omitted).

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The Court allows litigants to proceed in forma pauperis only when they have sufficiently

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demonstrated an inability to pay the filing fee. This generally includes incarcerated individuals

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with no assets and persons who are unemployed and dependent on government assistance. See,

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e.g., Ilagan v. McDonald, 2016 U.S. Dist. LEXIS 79889, at *2 (D. Nev. June 16, 2016) (granting

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petition based on unemployment and zero income); Reed v. Martinez, 2015 U.S. Dist. LEXIS

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80629, at *1, 2015 WL 3821514 (D. Nev. June 19, 2015) (granting petition for incarcerated

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individual on condition that applicant provides monthly payments towards filing fee). It does not

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include those whose access to the court system is not blocked by their financial constraints, but

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rather are in a position of having to weigh the financial constraints pursuing a case imposes. See

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Sears, Roebuck & Co. v. Charles W. Sears Real Estate, Inc., 686 F. Supp. 385, 388 (N.D. N.Y.),

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aff’d, 865 F.2d 22 (2d Cir. 1988) (denying petition to proceed IFP because petitioner and his

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wife had a combined annual income of between $34,000 and $37,000).

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In addition, a court should “deny leave to proceed in forma pauperis at the outset if it

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appears from the face of the proposed complaint that the action is frivolous or without merit.”

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Tripati v. First Nat’l Bank & Trust, 821 F.2d 1368, 1369 (9th Cir. 1987) (citations omitted); see

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also 28 U.S.C. § 1915(e)(2)(B)(i). An in forma pauperis complaint is frivolous if “it ha[s] no

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arguable substance in law or fact.” Id. (citing Rizzo v. Dawson, 778 F.2d 527, 529 (9th Cir.

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1985); see also Franklin v. Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984). A pro se Plaintiff’s

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complaint is to be construed liberally, but like any other complaint it must nevertheless contain

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factual assertions sufficient to support a facially plausible claim for relief. Ashcroft v. Iqbal, 556

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U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing Bell Atlantic Corp. v. Twombly,

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ORDER ON MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS - 2

Case 3:20-cv-05537-RBL Document 5 Filed 06/26/20 Page 3 of 3

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550 U.S. 544, 570, 127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim for relief is facially

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plausible when “the plaintiff pleads factual content that allows the court to draw the reasonable

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inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 678.

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Ordinarily, the Court will permit pro se litigants an opportunity to amend their complaint in order

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to state a plausible claim. See United States v. Corinthian Colleges, 655 F.3d 984, 995 (9th Cir.

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2011) (“Dismissal without leave to amend is improper unless it is clear, upon de novo review,

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that the complaint could not be saved by any amendment.”).

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Here, Tucker has been unemployed since 2007. Her only source of income is $1,242.20

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per month in government benefits. She attests to putting most, if not all, of this toward monthly

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living expenses and has no savings. Tucker has demonstrated sufficient financial hardship to

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satisfy the IFP standard.

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Tucker’s proposed complaint is also not futile or clearly lacking in merit. Tucker is a

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disabled, immunocompromised senior citizen with a number of additional health issues. She has

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sued the United States Postal Service under Section 504 of the Rehabilitation Act for failure to

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accommodate her health issues by delivering large parcels to her front door and seeks a court

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order requiring the Postal Service to take up this practice. Tucker’s motion is GRANTED.

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IT IS SO ORDERED.

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Dated this 26th day of June, 2020.

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A

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Ronald B. Leighton
United States District Judge

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ORDER ON MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS - 3