Harris v. United States Department of Veterans Affairs, Secretary of

• Court: District Court, D. Kansas
• Decided: June 26, 2023
• Docket: 2:23-cv-02285
• Status: Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF KANSAS

ALEXANDER HARRIS, ) ) Plaintiff, ) ) v. ) Case No. 2:23-cv-02285-DDC-KGG ) DENIS MCDONOUGH, Secretary of United ) States Department of Veterans Affairs, et al., ) ) Defendants. ) ) MEMORANDUM & ORDER GRANTING MOTION TO PROCEED WITHOUT PREPAYMENT OF FEES In conjunction with his federal court Complaint (Doc. 1), Plaintiff Alexander Harris has also filed a Motion to Proceed Without Prepayment of Fees (“In Forma Pauperis application,” Doc. 4, sealed) with a supporting financial affidavit. After review of Plaintiff's motion, as well as the Complaint, the Court GRANTS the Informa Pauperis application (Doc. 4). Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of an action without prepayment of fees, costs, etc., by a person who lacks financial means. 28 U.S.C. § 1915(a). “Proceeding in forma pauperis in a civil case ‘is a privilege, not a right—fundamental or otherwise.’” Barnett v. Nw. Sch., No. 00-2499-KHV, 2000 WL 1909625, at *1 (D. Kan. Dec. 26, 2000) (quoting White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998)). The decision to grant or deny in forma pauperis status lies within the sound discretion of the court. Scherer v. Kansas, 263 F. App'x 667, 669 (10th Cir. 2008). There is a liberal policy toward permitting proceedings in forma pauperis when necessary to ensure that the courts are available to all citizens, not just those who can afford to pay. See Kay v. Bemis, 500 F.3d 1214, 1217–18 (10th Cir. 2007). In construing the application and affidavit, courts generally seek to compare an applicant's monthly expenses to monthly income. See Patillo v. N. Am. Van Lines, Inc., No. 02-cv-2162, 2002 WL 1162684, at *1 (D. Kan. Apr. 15, 2002); Webb v. Cessna Aircraft, No. 00-2229-JWL, 2000 WL 1025575, at *1 (D. Kan. July 17, 2000) (denying motion because “Plaintiff is employed, with monthly income exceeding her monthly expenses by approximately $600.00”).

In the supporting financial affidavit, Plaintiff indicates he is 44 and married. He also indicates he is on disability and supports three children. He lists that he owns a home and a vehicle with a current mortgage and automobile loan. He also has typical household expenses with only a modest income. Considering the information contained in his financial affidavit, the Court finds that Plaintiff has established that his access to the Court would be significantly limited absent the ability to file this action without payment of fees and costs. The Court thus GRANTS Plaintiff leave to proceed in forma pauperis. (Doc. 4, sealed).

IT IS SO ORDERED. Dated at Wichita, Kansas, on this 26th day of June 2023. /S KENNETH G. GALE Kenneth G. Gale United States Magistrate Judge