MANRIQUE YARURO v. UNITED STATES OF AMERICA

M.D. Georgia

MANRIQUE YARURO v. UNITED STATES OF AMERICA

District Court, M.D. Georgia·Decided April 25, 2022·No. 7:22-cv-00039·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

ANDREA MANRIQUE YARURO, : : Plaintiff, : : v. : CASE NO.: 7:22-cv-39 (WLS) : UNITED STATE OF AMERICA, et al., : : Defendants. : : ORDER Presently before the Court is Plaintiff’s “Application to Proceed in District Court without Prepaying Fees or Costs (Long Form)” that was incorrectly filed on the docket as a Motion for Leave to Appeal in forma pauperis (“IFP”). (Doc. 2.) Therein, Plaintiff requests leave to proceed in the above captioned civil action without prepayment of the normally required fees. (Doc. 2.) Pursuant to 28 U.S.C. § 1915, the Court may, upon a finding of indigency, authorize the commencement of an action without requiring the prepayment of fees or security. 28 U.S.C. § 1915(a)(1). Whether to grant a motion to proceed IFP is discretionary. Pace v. Evans, 709 F.2d 1428, 1429 (11th Cir. 1983). When considering a motion filed under section 1915(a) “[t]he only determination to be made by the court … is whether the statements in the affidavit satisfy the requirement of poverty.” Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) (quoting Watson v. Ault, 525 F.2d 886, 891 (11th Cir. 1976). In Plaintiff’s Application to Proceed IFP, Plaintiff avers that she and her spouse have a combined monthly income of $3,475. (Doc. 2 at 2.) Plaintiff further avers that she and her spouse have $4,200 in cash. (Id.) Plaintiff also avers that she and her spouse have monthly expenses in the amount of $5,020. (Id., at 5.) Accordingly, this Court finds that Plaintiff can pay the fees and costs associated with this action and Plaintiff’s Motion for Leave to Proceed IFP (Doc. 22) is DENIED.1 If Plaintiff wishes to proceed with her cause of action, Plaintiff will be required to pay the full filing fee.

SO ORDERED, this 25th day of April 2022.

/s/ W. Louis Sands W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT

1 The Court notes for the purposes of the record that Plaintiff has sufficient cash ($4,200) to pay the filing costs associated with this action.

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IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF GEORGIA VALDOSTA DIVISION

ANDREA MANRIQUE YARURO, : : Plaintiff, : : v. : CASE NO.: 7:22-cv-39 (WLS) : UNITED STATE OF AMERICA, et al., : : Defendants. : : ORDER Presently before the Court is Plaintiff’s “Application to Proceed in District Court without Prepaying Fees or Costs (Long Form)” that was incorrectly filed on the docket as a Motion for Leave to Appeal in forma pauperis (“IFP”). (Doc. 2.) Therein, Plaintiff requests leave to proceed in the above captioned civil action without prepayment of the normally required fees. (Doc. 2.) Pursuant to 28 U.S.C. § 1915, the Court may, upon a finding of indigency, authorize the commencement of an action without requiring the prepayment of fees or security. 28 U.S.C. § 1915(a)(1). Whether to grant a motion to proceed IFP is discretionary. Pace v. Evans, 709 F.2d 1428, 1429 (11th Cir. 1983). When considering a motion filed under section 1915(a) “[t]he only determination to be made by the court … is whether the statements in the affidavit satisfy the requirement of poverty.” Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) (quoting Watson v. Ault, 525 F.2d 886, 891 (11th Cir. 1976). In Plaintiff’s Application to Proceed IFP, Plaintiff avers that she and her spouse have a combined monthly income of $3,475. (Doc. 2 at 2.) Plaintiff further avers that she and her spouse have $4,200 in cash. (Id.) Plaintiff also avers that she and her spouse have monthly expenses in the amount of $5,020. (Id., at 5.) Accordingly, this Court finds that Plaintiff can pay the fees and costs associated with this action and Plaintiff’s Motion for Leave to Proceed IFP (Doc. 22) is DENIED.1 If Plaintiff wishes to proceed with her cause of action, Plaintiff will be required to pay the full filing fee.

SO ORDERED, this 25th day of April 2022.

/s/ W. Louis Sands W. LOUIS SANDS, SR. JUDGE UNITED STATES DISTRICT COURT

1 The Court notes for the purposes of the record that Plaintiff has sufficient cash ($4,200) to pay the filing costs associated with this action.

MANRIQUE YARURO v. UNITED STATES OF AMERICA, (M.D. Ga. 2022).

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