Wilson v. Hussman

Opinion

UNITED STATES DISTRICT COURT DISTRICT OF SOUTH DAKOTA WESTERN DIVISION

MELAINE R. WILSON, Plaintiff 5:22-cv-5091 VS. MEMORANDUM OPINION AND ORDER GRANTING IN JOHN HUSSMAN, SR.., FORMA PAUPERIS STATUS Defendant FOR APPEAL

On November 15, 2022, Movant, Melaine Wilson, filed a Complaint seeking damages and other relief based on allegations Defendant raped her when she was a

foster child in his care. (Doc. 1). She alleged that the abuse occurred in 1978-79.

(Id.). Movant filed a request for in forma pauperis status and supplied the

requested information. (Doc. 2). An individual who seeks to proceed in forma pauperis must demonstrate

financial eligibility to proceed without prepayment of fees. Martin-Trigona v.

Stewart, 691 F.2d 856, 857 (8th Cir. 1982); see Schied v. U-Haul International, Inc., 2021 WL 3287708, *1 (D.S.D. 2021). To obtain in forma pauperis status, the |

individual must submit an affidavit detailing assets and must state he or she is

unable to pay the required fees or give security for them, and is entitled to redress.

28 U.S.C. § 1915(a)(1). The litigant is not required to establish absolute

destitution. Lee v. McDonald’s Corp., 231 F.3d 456 (8th Cir. 2000). The Court granted Wilson’s motion to proceed in forma pauperis in the

District Court, finding that her military retirement and disability payments, coupled with her minimal assets and significant expenses, rendered her unable to pay the

applicable filing fee. (Doc. 5). In addressing the merits of the Complaint pursuant to 28 U.S.C. § 1915(e)(2), the Court determined the claim was filed outside of the

applicable statute of limitations. (Doc. 5). The Court entered a judgment of

dismissal on February 15, 2023. (Doc. 6). Movant appealed the dismissal on April 25, 2023, (Doc. 7), and has moved

‘for in forma pauperis status on appeal, (Doc. 8). Movant has filed an updated statement of her income, assets, and expenses. (Id.). The Court notes that

Wilson’s itemization of her current expense for food has increased substantially from her prior statement of expenses, which appears to be attributable to a spouse’s addition to the household. (Doc. 2, 8). The Court also notes the substantial amount

of student loan debt and the notation of a monthly payment of that debt that she has

added to the current statement of expenses. (Doc. 8). The Court finds that Wilson’s

stated income, assets, and expenses are such that she has insufficient funds to pay the filing fee on appeal. 28 U.S.C. § 1915(a). Therefore, the Court grants her

motion to proceed in forma pauperis on appeal. (Doc. 8).

Accordingly, IT IS ORDERED that Wilson’s motion for leave to proceed in

forma pauperis on appeal, Doc. 8, is granted. Ve Dated this L~ day of May, 2023. BY THE COURT: f.. Y Monette Liars bacoice L. Piersol United States District Judge ATTEST: MATTHEW W. THELEN, CLERK