Bice v. Social Security Administration

• Court: District Court, E.D. Arkansas
• Decided: July 21, 2022
• Docket: 3:22-cv-00142
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS NORTHERN DIVISION

ALICHA BICE PLAINTIFF

v. Case No. 3:22-cv-00142-DPM-JTK

KILOLO KIJAKAZI, DEFENDANT Acting Commissioner Social Security ORDER Pending before the Court is Plaintiff Alicha Bice’s Motion to Proceed In Forma Pauperis. (Doc. No. 1) Ms. Bice’s application shows she has $600 in a checking or savings account and that her husband earns $4,800 per month. The listed expenses total to $3,200 per month. Additionally, her application indicates that she provides financial support to her son, daughter-in-law, and grandson, but no explanation about the nature or amount of that financial support has been provided. The purpose of 28 U.S.C. § 1915 is to ensure that indigent litigants have an entre, not a barrier, to the federal courts. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986) (quoting Souder v. McGuire, 516 F.2d 820, 823 (3rd Cir. 1975)). Although a claimant need not be completely destitute to take advantage of the IFP statute, he or she must show that paying the filing fee would result in an undue financial hardship. Williamson, 786 F.2d at 1338. With the information provided to the Court, Ms. Bice has not established that she is indigent or that paying the filing fee would result in undue financial hardship. Accordingly, her Motion to Proceed In Forma Pauperis (Doc. No. 1) is DENIED. If Ms. Bice wishes to proceed with this action, she must pay the applicable filing fee, within thirty (30) days of the issuance of this Order. Failure to comply within the required period of time may result in summary dismissal of Ms. Bice’s complaint. SO ORDERED THIS 20th day of July, 2022.

JEROME T. KEARNEY UNITED STATES MAGISTRATE JUDGE