Klairessa May v. Lance Stevenson, Dennis M. Charney, Dustin Bourne, Lendon Moss, County of Minidoka, Idaho

Summary

The United States District Court for the District of Idaho grants Klaressa May’s applications to proceed in forma pauperis. The court finds that her income and financial circumstances prevent her from paying the filing fees and notes that it will separately review her conditionally filed complaint under 28 U.S.C. § 1915(e)(2).

Holdings

1. May qualified to proceed without prepaying filing fees because her income, even assuming receipt of the unemployment benefits for which she applied, was substantially below the applicable poverty guideline for a family of three, and her expenses exceeded her current monthly income.
2. The court must first determine eligibility for in forma pauperis status based on financial resources and then independently screen the complaint under 28 U.S.C. § 1915(e)(2)(B).

Questions Presented

1. Whether May qualified to proceed in forma pauperis under 28 U.S.C. § 1915 based on her financial circumstances.

Disposition

other