United States District Court, D. New Mexico
TISHA BRICK, on behalf of herself and on behalf of Student A.B., Plaintiff,
ESTANCIA MUNICIPAL SCHOOL DISTRICT, et al., Defendants
MEMORANDUM OPINION AND ORDER
H. RITTER UNITED STATES MAGISTRATE JUDGE.
MATTER comes before the Court on Plaintiff's Application
to Proceed in District Court Without Prepaying Fees or Costs,
[Doc. 3], filed December 7, 2018, on Plaintiff's Motion
to Request Electronic Filing, [Doc. 5], filed December 10,
2018, on Plaintiff's Emergency Motion to Request Status
Hearing, [Doc. 28], filed February 19, 2019, and on
Plaintiff's Motion to Request Case Status Conference,
[Doc. 37], filed May 2, 2019.
to Proceed in forma pauperis
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). “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....” 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.
Court grants Plaintiff's Application to Proceed in
District Court Without Prepaying Fees or Costs. Plaintiff
signed an affidavit stating she is unable to pay the costs of
these proceedings and provided the following information: (i)
Plaintiff's monthly income is $820; (ii) Plaintiff is
unemployed; (iii) Plaintiff's monthly expenses total
$800.00; (iv) Plaintiff has $80.00 in a checking account; and
(v) Plaintiff's 11-year-old son relies on Plaintiff for
support. The Court finds that Plaintiff is unable to pay the
costs of this proceeding because her monthly expenses
approximately equal her monthly income, she is unemployed and
she only has a small amount of money in a bank account.
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). The Court will not order service at
this time because Plaintiff has not provided the addresses of
Defendants. The Court will order service if Plaintiff files a
motion for service which provides the addresses of
for Leave to File Electronically
seeks leave to file electronically to avoid the costs of
mailing documents to the 10 Defendants. No responses opposing
the motion have been filed. The Court grants the motion.
Registration, technical, and procedural guidelines for
e-filing are set out in the Court's CM/ECF Administrative
for Status Conference
has filed two motions for a status conference regarding her
Application to Proceed in District Court Without Prepaying
Fees or Costs. See [Doc. 28; Doc. 37]. The Court,
having granted Plaintiffs ...