Espinoza Rodriguez v. Canyon County, No. 1:2019cv00192 - Document 5 (D. Idaho 2019)

Court Description: MEMORANDUM DECISION AND ORDER - IT IS ORDERED that Plaintiffs In Forma Pauperis Application (Dkt. 2 ) is DENIED. Plaintiff must pay the $400 filing fee within 30 days of this Order. Failure to do so will result in automatic dismissal of this action. Signed by Judge B. Lynn Winmill. Emailed copy of order to finance. (jd)

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Espinoza Rodriguez v. Canyon County Doc. 5 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO RAMON ESPINOZA RODRIGUEZ, Case No. 1:19-cv-00192-BLW Plaintiff, MEMORANDUM DECISION AND ORDER v. CANYON COUNTY, Defendant. INTRODUCTION Before the Court is Plaintiff Ramon Espinoza Rodriguez’s Application to Proceed In Forma Pauperis (Dkt. 2). Because plaintiff’s application shows he is capable of paying the $400 filing fee without compromising his ability to provide for himself and his family, the motion will be denied. DISCUSSION A person who decides to file a lawsuit in federal district court must pay a $400 filing fee. See 28 U.S.C. § 1914 (providing statutory fee of $350); Dist. Ct. Fees – Dist. Of Idaho (showing a $400 civil filing fee as of September 1, 2018). 1 District courts have 1 The fee schedule is available at this website: https://www.id.uscourts.gov/Content_Fetcher/index.cfml/District_Filing_Fees_950.pdf?Content_ID=950 (last visited July 9, 2019). MEMORANDUM DECISION AND ORDER - 1 Dockets.Justia.com discretion to grant plaintiffs IFP status, and if they do so, the lawsuit proceeds without prepayment of the filing fee. See 28 U.S.C. § 1915(a)(1). While a plaintiff need not be absolutely destitute to qualify for IFP status, Adkins v. E.I. Dupont de Nemours, 335 U.S. 331, 339 (1948), the fact that financing his own litigation may cause some difficulty is not sufficient to relieve a plaintiff of the obligation to pay his own way if it’s possible to do so without undue hardship. See id. Here, plaintiff reports that he earns $4,000 per month, or “about $3,400” after taxes. IFP App.,Dkt. 2, at 5. Against that $3,400, plaintiff reports monthly expenses of $3,878. Because of the $478 monthly shortfall, plaintiff says he cannot afford to pay the $400 filing fee. The Court disagrees. As a starting point, plaintiff’s $48,000 annual earnings place him above the poverty level for a family of five, which is set at $30,170. See IFP App., Dkt. 2 , at 5 (plaintiff reports four persons who rely on him for support); Annual Update of the HHS Poverty Guidelines, 84 Fed. Reg. 1167-02 (Feb. 1, 2019). Although a person’s earnings as compared to the poverty line is not the deciding factor on an IFP application, the comparison does provide some context. Further, plaintiff discloses a few monthly expenses that appear relatively generous and that could be reduced to allow him to afford the fee. These include: $300 per month for clothing; $150 per month for “laundry and dry-cleaning;” and $100 per month for “Recreation, entertainment, newspapers, magazines, etc.” See IFP App., Dkt. 2, at 4. Plaintiff also reports that he is financing two vehicles at a cost of $794 per month. Id. (reporting a $427 monthly MEMORANDUM DECISION AND ORDER - 2 payment for a “truck loan” plus a $367 “Car payment”). Given plaintiff’s financial situation, the Court finds he is capable of paying the filing fee and will therefore deny the IFP application. ORDER IT IS ORDERED that Plaintiff’s In Forma Pauperis Application (Dkt. 2) is DENIED. Plaintiff must pay the $400 filing fee within 30 days of this Order. Failure to do so will result in automatic dismissal of this action. DATED: July 23, 2019 _________________________ B. Lynn Winmill U.S. District Court Judge MEMORANDUM DECISION AND ORDER - 3

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