Summary
The United States Magistrate Judge recommends denying Richard Woods’s application to proceed in forma pauperis in his 42 U.S.C. § 1983 action. The court found that deposits to and discretionary commissary spending from Woods’s inmate trust account showed he had sufficient funds to pay the $405 filing fee. The recommendation also directs Woods to pay the filing fee within 30 days and provides a 14-day period for objections.
Topics
Practice areas
Questions Presented
- Whether Plaintiff demonstrated indigence sufficient to proceed in forma pauperis.
- Whether the court could consider deposits and commissary purchases from Plaintiff's inmate trust account in determining his eligibility to proceed in forma pauperis.
- Whether Plaintiff should be required to pay the $405 filing fee after failing to establish indigence.
Holdings
- A prisoner who had sufficient funds during the relevant period to pay the filing fee, and who spent more than twice the filing fee on snack items, failed to demonstrate indigence and should not be permitted to proceed in forma pauperis.
- The available inmate-account records supported denial of Plaintiff's in forma pauperis application despite his low current balance.
Key quotations
“Proceeding IFP “is a privilege not a right.”” (at 2)
“In sum, Plaintiff has failed to show he was indigent.” (at 5)
Factual background
Plaintiff's in forma pauperis application showed monthly balances and deposits exceeding $490, although his balance at the time of filing was $0.28. The court reviewed records showing 17 deposits totaling $3,252.33 during the relevant period and approximately $860 in snack-item purchases. Plaintiff did not submit the required declaration under penalty of perjury explaining his deposits and purchases.
Procedural history
The court ordered Plaintiff to submit an in forma pauperis application or pay the filing fee. After Plaintiff submitted an incomplete inmate trust account statement and later documents without the required declaration under penalty of perjury, the court reviewed the available financial records. The magistrate judge recommended denying in forma pauperis status and ordering Plaintiff to pay the $405 filing fee within 30 days, subject to a 14-day objection period and review by an assigned district judge.