Christopher Allen Barela v. Frank Bisignano

Summary

The United States District Court for the District of New Mexico partially grants Christopher Allen Barela’s application to proceed in forma pauperis in a Social Security action. The court reduces the filing fee to $350 and orders an initial $50 payment followed by monthly $50 installments, with possible dismissal for nonpayment without a motion to modify.

Holdings

1. Plaintiff was not entitled to complete waiver of the filing fee because the court could not conclude that he was unable to afford the necessities of life, given his income and substantial assets.
2. The court could grant partial IFP relief, reduce the amount due to $350, and require Plaintiff to pay the filing fee in installments.

Questions Presented

1. Whether Plaintiff qualified for complete in forma pauperis relief under 28 U.S.C. § 1915(a).
2. Whether the court could grant partial IFP relief and require payment of the filing fee in installments.

Disposition

other