Glymph v. CT Corporation Systems

Opinion

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4 5 UNITED STATES DISTRICT COURT 6 WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 LAFFON GLYMPH, CASE NO. 2:21-cv-01704-JHC 8 Plaintiff, ORDER 9 v. 10 CT CORPORATION SYSTEMS, and 11 COMPUCOM,

12 Defendants. 13

14 This matter comes before the Court on pro se Plaintiff Laffon Glymph’s Motion for 15 Leave to Proceed in Forma Pauperis. Dkt. # 26. 16 Courts may permit indigent litigants to proceed in forma pauperis (“IFP”) after 17 submitting an affidavit of indigency. 28 U.S.C. § 1915(a). “[A]n affidavit is sufficient which 18 states that one cannot because of his poverty pay or give security for the costs and still be able to 19 provide himself and dependents with the necessities of life.” Bylsma v. Hawaii Pub. Hous. 20 Auth., 951 F. Supp. 2d 1116, 1119 (D. Haw. 2013) (quoting Adkins v. E.I. Du Pont de Nemours 21 & Co., Inc., 335 U.S. 331, 339 (1948)) (internal quotations omitted). Courts have broad 22 discretion in deciding an IFP application, but “the privilege of proceeding [IFP] . . . in civil 23 24 1 actions for damages should be allowed only in exceptional circumstances.” Weller v. Dickson, 2 314 F.2d 598, 600 (9th Cir. 1963). 3 Courts allow litigants to proceed IFP when they show they cannot pay the filing fee. 28

4 U.S.C. § 1915(a)(1) (litigants must be “unable to pay such fees or give security therefor”). But 5 the IFP statute “does not itself define what constitutes insufficient assets.” Escobedo v. 6 Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). A litigant “need not be absolutely destitute to 7 obtain benefits of the [IFP] statute.” Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 8 1960). At a minimum, a litigant seeking to proceed IFP must allege a level of poverty “with 9 some particularity, definiteness and certainty.” Id. 10 Glymph claims she is employed and makes $4,800 per month and has $200 in a checking 11 account. Dkt. # 26 at 1–2. She says her monthly expenses total $4,340. Id. at 2. She asserts 12 that she pays $2,800 per month on rent and $1,540 per month on food, insurance, car payments,

13 loan payments, and warranty payments. Id. She states that the cost of living in Washington is 14 high, that she is “financially indigent,” and that paying a filing fee would constitute a “financial 15 hardship.” Id. 16 Glymph’s financial situation does not meet the threshold level of poverty to permit her to 17 proceed IFP. Although she has high monthly expenses, Glymph is employed with an annual 18 income of around $57,600. Glymph’s level of income in a civil case dissuades the Court from 19 determining that her finances present “exceptional circumstances” that merit IFP status. Weller, 20 314 F.2d at 600. See Sears, Roebuck & Co. v. Charles W. Sears Real Est., Inc., 686 F. Supp. 21 385, 388 (N.D.N.Y.), aff'd, 865 F.2d 22 (2d Cir. 1988) (denying IFP petition because petitioner 22 and his wife had “a combined annual income of between $34,000 and $37,000”).

23 Glymph’s Motion for Leave to Proceed in Forma Pauperis is DENIED. Dkt. # 26. 24 Glymph must pay the filing fee within thirty days of this Order. l The Clerk is directed to send uncertified copies of this Order to all counsel of record and 2 || to any party appearing pro se at said party’s last known address. 3 Dated this 21st day of September, 2022. Cok Chan 5 John H. Chun United States District Judge 6 7 8 9 10 1] 12 13 14 15 16 17 18 19 20 21 22 23 24