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Plewa v. Colvin

United States District Court, W.D. Washington, Tacoma

February 18, 2015

CADY PLEWA, Plaintiff,
v.
CAROLYN W. COLVIN, Acting Commissioner of Social Security Defendant.

REPORT AND RECOMMENDATION TO DENY APPLICATION TO PROCEED IN FORMA PAUPERIS

KAREN L. STROMBOM, Magistrate Judge.

This case has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. § 636(b)(1) and Local Rule MJR 3 and 4. This matter comes before the Court on plaintiff's filing of an application to proceed in forma pauperis and a complaint to review and set aside a decision of the Social Security Administration under 42 U.S.C. § 405(g). Because plaintiff's application indicates she has sufficient income with which to pay the $400.00 filing fee, the undersigned recommends that the Court deny the application.

DISCUSSION

The district court may permit indigent litigants to proceed in forma pauperis upon completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the Court has broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir. 1963). By requesting the Court to proceed in forma pauperis, plaintiff is asking the government to incur the filing fee because she allegedly is unable to afford the costs necessary to proceed with her cause of action.

In her application, plaintiff states she currently is employed with a net monthly income of $1, 000.00. See Dkt. 1, p. 1. Plaintiff also states that during the past 12 months, she has received $12, 500.00 and $6, 366.00 respectively from the following two sources: business, profession or other self-employment and income from rent, interest or dividends. See id. In addition, plaintiff states she has $4, 328.00 in her checking account and $25, 881.00 in her savings account, is not married and has no one that is dependent upon her for financial support. See id. at p. 2. While the undersigned recognizes that plaintiff's current monthly income may not be substantial, the money she has in her checking and savings accounts is. Given that there are no other persons who are dependent upon plaintiff for support, it therefore is not unreasonable to expect her to pay the required filing fee.

CONCLUSION

Because it is reasonable for plaintiff to incur the costs to proceed with this cause of action, the undersigned recommends that the court deny her application to proceed in forma pauperis. Accordingly, the undersigned also recommends that the court order plaintiff to pay the required filing fee within thirty (30) days of the Court's order.

Pursuant to 28 U.S.C. § 636(b)(1) and Federal Rule of Civil Procedures ("Fed. R. Civ. P.") 72(b), the parties shall have fourteen (14) days from service of this Report and Recommendation to file written objections thereto. See also Fed.R.Civ.P. 6. Failure to file objections will result in a waiver of those objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time limit imposed by Fed.R.Civ.P. 72(b), the Clerk is directed set this matter for consideration on March 6, 2015, as noted in the caption.


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