Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Mowrey v. Adobe Deli LLC

United States District Court, D. New Mexico

May 1, 2019

THOMAS MOWREY, Plaintiff,
v.
ADOBE DELI LLC, VAN H. JACOBSEN, and VICTORIA L. JACOBSEN, Defendants.

          MEMORANDUM OPINION AND ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS

         THIS MATTER comes before the Court on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form), Doc. 2, filed April 3, 2019 ("Short Form Application"), and on Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), Doc. 6, filed April 12, 2019 ("Long Form Application").

         Application to Proceed In Forma Pauperis

         The statute for proceedings in forma pauperis, 28 U.S.C. § 1915(a), provides that the Court may authorize the commencement of any suit without prepayment of fees by a person who submits an affidavit that includes a statement of all assets the person possesses and that the person is unable to pay such fees.

When a district court receives an application for leave to proceed in forma pauperis, it should examine the papers and determine if the requirements of [28 U.S.C.] § 1915(a) are satisfied. If they are, leave should be granted. Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.]

Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)). “The statute [allowing a litigant to proceed in forma pauperis] was intended for the benefit of those too poor to pay or give security for costs....” See Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 344 (1948). While a litigant need not be “absolutely destitute, ” “an affidavit is sufficient which states that one cannot because of his poverty pay or give security for the costs and still be able to provide himself and dependents with the necessities of life.” Id. at 339.

         Plaintiff signed an affidavit declaring that he is unable to pay the costs of these proceedings and stated: (i) his and his spouse's combined average monthly income amount during the past 12 months was $2, 375.00; and (ii) their combined monthly expenses total $2, 452.56. The Court grants Plaintiff's Long Form Application because he signed an affidavit declaring that he is unable to pay the costs of these proceedings and because his and his spouse's combined monthly expenses exceed their monthly income.

         Because the Court is granting Plaintiff's Long Form Application, the Court denies Plaintiff's Short Form Application as moot.

         Service on Defendants

         Plaintiff is proceeding in forma pauperis pursuant to 28 U.S.C. § 1915 which provides that the “officers of the court shall issue and serve all process, and perform all duties in [proceedings in forma pauperis]”). 28 U.S.C. § 1915(d). Because Plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. § 1915, the Court will order the Clerk of the Court to notify Defendants, at the addresses provided by Plaintiff in his Complaint, that an action has been commenced and request that Defendants waive service pursuant to Fed.R.Civ.P. 4(d).

         IT IS ORDERED that:

         (i) Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), Doc. 6, filed April 12, 2019, is GRANTED.

         (ii) Plaintiffs Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form), Doc. 2, filed April 3, 2019, is DENIED as moot.

         (iii) The Clerk of the Court shall notify Defendants that an action has been commenced and request that Defendants waive service pursuant to Fed.R.Civ.P. 4(d). The notice shall include a copy of Plaintiff s Complaint, Doc. 1, filed April 3, 2019. The Clerk shall mail the ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.