Robert McMurray v. Corporal Phillips, in his individual capacity; City of Nampa, Idaho; Nampa Police Department

Summary

The United States District Court for the District of Idaho denied Robert McMurray’s application to proceed in forma pauperis without prejudice. The court found that his income and available discretionary funds did not establish poverty with sufficient particularity, gave him 28 days to pay the filing fee, and indicated that his § 1983 claims appeared colorable.

Holdings

1. McMurray failed to allege poverty with particularity, definiteness, and certainty because his annual household income substantially exceeded the applicable federal poverty guideline and his reported finances left approximately $600 in monthly discretionary income.
2. The application to proceed in forma pauperis was denied without prejudice, with leave for McMurray to pay the filing fee.

Questions Presented

1. Whether McMurray adequately demonstrated that he was unable to pay the civil filing fee while still affording the necessities of life.
2. Whether the court should grant McMurray leave to proceed in forma pauperis under 28 U.S.C. § 1915.

Disposition

other