Briellard v. Idaho Housing & Finance Association, No. 4:2023cv01227 - Document 7 (N.D. Tex. 2024)

Court Description: Order Accepting Findings and Recommendations...Based on this information in the application, Plaintiff has sufficient resources to pay the filing and administrative fees. Accordingly, and for the reasons stated in the Magistrate Judge's FCR , the Court finds that Plaintiff's Motion should be DENIED. The Court ADOPTS the reasoning in the Magistrate Judge's FCR (ECF No. 5 ) and OVERRULES Plaintiff's Objections (ECF No. 6 ). (Ordered by Judge Mark Pittman on 2/14/2024) (wxc)

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Briellard v. Idaho Housing & Finance Association Doc. 7 UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF TEXAS FORT WORTH DIVISION SHAQUITA BRIELLARD, Plaintiff, v. No. 4:23-cv-01227-P-BJ IDAHO HOUSING & FINANCE ASSOCIATION, Defendant. ORDER The United States Magistrate Judge issued Findings, Conclusions, and a Recommendation (“FCR”) in this case, recommending that Plaintiff Shaquita Briellard’s motion to proceed in forma pauperis be denied. ECF No. 5. Plaintiff timely objected. ECF No. 6. After reviewing the FCR de novo, in accordance with 28 U.S.C. § 636(b)(1), the undersigned District Judge believes that the findings and conclusions of the Magistrate Judge are correct and they are accepted as the findings and conclusions of this Court. Plaintiff declared that she earns $3,200 gross wages per month and lists one dependent. ECF No. 2 at 1. At this monthly income, Plaintiff’s annual income is $38,400—nearly twice the applicable poverty level for a family of two. Based on this information in the application, Plaintiff has sufficient resources to pay the filing and administrative fees. Accordingly, and for the reasons stated in the Magistrate Judge’s FCR, the Court finds that Plaintiff’s Motion should be DENIED. The Court ADOPTS the reasoning in the Magistrate Judge’s FCR (ECF No. 5) and OVERRULES Plaintiff’s Objections (ECF No. 6). Plaintiff’s Complaint will be subject to dismissal without further notice under Federal Rule of Civil Procedure 41(b) unless Plaintiff pays Dockets.Justia.com to the Clerk of Court the filing and administrative fees of $405.00 1 within seven (7) days of this order. SO ORDERED on this 14th day of February 2024. ______________________________________________ Mark T. Pittman UNITED STATED DISTRICT JUDGE In addition to the filing fee of $350, the District Court Miscellaneous Fee Schedule requires payment of an administrative fee for filing a civil action in district court of $55. See 28 U.S.C. § l914(a) and District Court Miscellaneous Fee Schedule, note 14. 1 2

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