Sanders v. Blytheville, City of

• Court: District Court, E.D. Arkansas
• Decided: December 6, 2022
• Docket: 3:22-cv-00040
• Status: Unknown

Opinion

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

BRIAN SANDERS PLAINTIFF

v. Case No. 3:22-cv-00040-KGB

BLYTHEVILLE, CITY OF DEFENDANT

ORDER Before the Court is plaintiff Brian Sanders’ pro se motion for leave to proceed in forma pauperis (Dkt. No. 1). For the following reasons, the Court denies without prejudice Mr. Sanders’ motion (Id.). Under 28 U.S.C. § 1915, the decision to grant or deny in forma pauperis status is within the sound discretion of the district court. Cross v. General Motors Corp., 721 F.2d 1152, 1157 (8th Cir. 1983) (citations omitted). Although a claimant need not be “completely destitute” to take advantage of the in forma pauperis statute, she must show that paying the filing fee would result in an undue financial hardship. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986). In his application, Mr. Sanders states that he receives $900.00 bi-weekly in take-home pay or wages (Dkt. No. 1, at 1). Thus, the Court estimates Mr. Sanders’ annual take-home pay as $23,400.00. Mr. Sanders also states that he has $600.00 in cash or in a checking or savings account (Id., at 2). Mr. Sanders lists expenses of $350.00 per month for lights, water, and gas (Id.). Mr. Sanders claims his minor daughter and mother dependents (Id.). Mr. Sanders claims no debts or financial obligations (Id.). Based upon his in forma pauperis application, it appears that Mr. Sanders has the ability to pay the filing fee without suffering an undue financial hardship. Accordingly, Mr. Sanders’ application to proceed in forma pauperis is denied without prejudice, subject to refiling (Dkt. No. 1). Within 30 days of the entry of this Order, Mr. Sanders must either: (1) pay the $400.00 filing fee in full or (2) file an amended application to proceed in forma pauperis that clearly describes Mr. Sanders’ financial situation for the Court’s review and consideration. If Mr. Sanders does not pay the filing fee or file an amended in forma pauperis application within 30 days, this action will be dismissed without prejudice. Mr. Sanders’ failure to comply with this Order could result in the dismissal of his lawsuit. See Local Rule 5.5 of the Local Rules of the Eastern and Western Districts of Arkansas (“If any communication from the Court to a pro se plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice. Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of Civil Procedure.”). It is so ordered, this 6th day of December, 2022.

Kristine G. Baker United States District Judge