Brandy Rose Jones v. Jackson Public School District

Summary

The United States District Court for the Southern District of Mississippi adopts a magistrate judge’s report and recommendation and denies Brandy Rose Jones’s motions to proceed in forma pauperis. The court finds that Jones can pay the filing fee without undue hardship and orders her to pay it within 60 days, warning that the action may otherwise be dismissed without prejudice. The court also finds one additional in forma pauperis motion moot because it was superseded by a later motion.

Holdings

1. When no party objects to a magistrate judge's report and recommendation, de novo review is not required; the district court may review the report under the clearly erroneous, abuse-of-discretion, and contrary-to-law standards. The report was not clearly erroneous, an abuse of discretion, or contrary to law, so the court adopted it.
2. Jones did not qualify for in forma pauperis status because her reported income, ongoing support and public assistance, expected return to work, and monthly expenses showed that she could pay the filing fee and costs without undue hardship if given a reasonable time to do so.

Questions Presented

1. Whether the magistrate judge's recommendation to deny Jones in forma pauperis status was clearly erroneous, an abuse of discretion, or contrary to law when Jones did not object.
2. Whether Jones's subsequent in forma pauperis application established that paying the filing fee would impose an undue hardship.

Disposition

other