Moore v. Libby et al

Filing 3

ORDER signed by Judge J.P. Stadtmueller on 2/23/2018 DENYING 2 Plaintiff's Motion for Leave to Proceed Without Prepayment of the Filing Fee. By 3/15/2018, Plaintiff must remit the entire $400.00 filing fee or this action will be dismissed without further notice. (cc: all counsel, via mail to Susan Moore) (jm)

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF WISCONSIN
SUSAN MOORE,
Plaintiff,

v.

MICHAEL LIBBY and
DIANE WHEELER,

Case No. 18-CV-276-JPS

ORDER

Defendants.
Plaintiff, Susan Moore, filed a pro se complaint alleging that two of
her supervisors at her former place of employment discriminated against
her because of a permanent shoulder injury she sustained at work. (Docket
#1 at 2–3). Ultimately, says Plaintiff, she was terminated in retaliation for
complaining of the discriminatory treatment she endured. Id. at 2. Presently
before the Court is Plaintiff’s motion for leave to proceed in forma pauperis.
(Docket #2).
In order to allow a plaintiff to proceed without paying the filing fee,
the Court must first decide whether the plaintiff has the ability to pay the
filing fee and, if not, whether the lawsuit is frivolous or fails to state a
cognizable claim for relief. See 28 U.S.C. § 1915. On the first question,
although the plaintiff need not show that she is totally destitute, Zaun v.
Dobbin, 628 F.2d 990, 992 (7th Cir. 1980), it must be remembered that the
privilege of proceeding in forma pauperis “is reserved to the many truly
impoverished litigants who, within the District Court’s sound discretion,
would remain without legal remedy if such privilege were not afforded to
them,” Brewster v. N. Am. Van Lines, Inc., 461 F.2d 649, 651 (7th Cir. 1972).

Plaintiff avers in her motion that she is presently employed. (Docket
#2 at 1). She does not have any dependents and does not say whether she is
married. Id. Her monthly salary is $4,350.72. Id. at 2. Her monthly expenses,
including rent, a credit card payment, and a student loan payment, total
$2,884.00. Id. at 2–3.1 She owns at 2005 Mercury Mountaineer, which she
values at only $400.00. Id. at 3. She has no other assets save a bank account
with $687.70 in it. Id. at 3–4.
On these averments, the Court cannot conclude that Plaintiff is
unable to afford the $400.00 filing fee. Plaintiff’s monthly income well
exceeds her monthly expenses. Moreover, according to Plaintiff, she has
enough money in her bank account to immediately pay the filing fee in this
case. The Court sympathizes with Plaintiff’s concerns about her diminished
financial means as a result of her separation from her prior employer, but
suffering such a setback does not mean that Plaintiff is actually indigent.
See Wolinsky v. Bd. of Educ. of City of Chicago, No. 95 C 6487, 1996 WL 66003,
at *1 (N.D. Ill. Feb. 12, 1996) (denying leave to proceed in forma pauperis
where the plaintiff had social security income and funds in a bank account).
The federal in forma pauperis statute is designed to ensure that
indigent litigants have meaningful access to the federal courts, not that any
pro se litigant may assert her legal claims for free. See Neitzke v. Williams, 490
U.S. 319, 324 (1989). As such, the Court is obliged to deny Plaintiff leave to
proceed without prepayment of the filing fee in this case. Plaintiff must pay

The motion, submitted on the form provided by the Court to pro se
litigants, instructs Plaintiff to list each and every monthly expense item she has.
(Docket #2 at 2). Plaintiff’s itemized expenses add up to $1,190.00, but she claims
a total of $2,884.00 in monthly expenses. Id. at 2–3. Where the $1,694.00 difference
comes from is unclear. It makes no difference however, as even taking the higher
amount as accurate must lead to denial of her motion.
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the filing fee in full by March 15, 2018 or her case will be dismissed without
further notice.
Accordingly,
IT IS ORDERED that Plaintiff’s motion for leave to proceed in forma
pauperis (Docket #2) be and the same is hereby DENIED;
IT IS FURTHER ORDERED that Plaintiff must remit the entire
$400.00 filing fee for this action on or before March 15, 2018 or this action
will be dismissed without further notice; and
IT IS FURTHER ORDERED that Plaintiff shall submit all
correspondence and legal material to:
Office of the Clerk
United States District Court
Eastern District of Wisconsin
362 United States Courthouse
517 E. Wisconsin Avenue
Milwaukee, Wisconsin 53202
PLEASE DO NOT MAIL ANYTHING DIRECTLY TO THE COURT’S
CHAMBERS. It will only delay the processing of the matter.
In addition, the parties must notify the Clerk of Court of any change
of address. Failure to do so could result in orders or other information not
being timely delivered, thus affecting the legal rights of the parties.
Dated at Milwaukee, Wisconsin, this 23rd day of February, 2018.
BY THE COURT:

____________________________________
J. P. Stadtmueller
U.S. District Judge

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