Alisha Ardis v. Apothesource, Inc.; Krista Ramirez, in her individual capacity; Michael Ramirez, in his individual capacity

Summary

The United States District Court for the District of South Carolina declined to adopt the magistrate judge’s report and recommendation recommending denial of Alisha Ardis’s application to proceed in forma pauperis. After de novo review and consideration of Ardis’s objections regarding home equity, income, dependents, and debts, the court granted the application.

Holdings

1. The district court must make a de novo determination of portions of a magistrate judge's report and recommendation to which specific objections are made and may accept, reject, modify, or recommit the recommendation.
2. A litigant need not be absolutely destitute to qualify to proceed in forma pauperis; under the circumstances presented, inaccessible equity in a jointly owned home, inconsistent minimal income, a dependent child, substantial expenses, and personal loans did not preclude qualification under 28 U.S.C. § 1915(a).

Questions Presented

1. Whether the district court should conduct de novo review of the magistrate judge's recommendation concerning Plaintiff's in forma pauperis application.
2. Whether Plaintiff's reported home equity and financial circumstances disqualified her from proceeding in forma pauperis under 28 U.S.C. § 1915(a).

Disposition

other