Mayhue v. Campbell Soup Supply Company LLC

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF OHIO
WESTERN DIVISION
JAVIC J. MAYHUE, 	CASE NO. 3:26 CV 1598
Plaintiff,
v. 	JUDGE JAMES R. KNEPP II
CAMPBELL SOUP SUPPLY
COMPANY LLC,
ORDER DENYING MOTION AND
Defendant. 	DISMISSING CASE
Plaintiff Javic J. Mayhue, proceeding without counsel, has filed a civil complaint in this
case alleging claims for employment discrimination against Campbell Soup Supply Company,
LLC. (Doc. 1). He did not pay the filing fee, but instead, filed an application to proceed in forma
pauperis. (Doc. 2).
In Federal Court, 28 U.S.C. § 1915, governs in forma pauperis applications. Under this
statute, a federal court “may authorize the commencement, prosecution, or defense of any suit,
action or proceeding” without payment of fees if the litigant submits an affidavit that includes a
statement of all assets, debts, and expenses that demonstrates the litigant is unable to pay the fee.
28 U.S.C. § 1915(a)(1) (emphasis added). “[P]auper status does not require absolute destitution.”
Foster v. Cuyahoga Dep’t of Health & Human Servs., 21 F. App’x 239, 240 (6th Cir. 2001).
Rather, “the question is whether the court costs can be paid without undue hardship.” Id.
Determination of what constitutes undue hardship is left to the discretion of the Court. See id.
Courts have determined that pauper status is available only to litigants who demonstrate
in their affidavit that the one-time payment of the Court’s filing fee will render the litigant
“unable to provide” for himself and his dependents. Maddox v. Foley, 2023 WL 3852943, at *2
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(S.D. Ohio). Thus, in forma pauperis status “is usually reserved either for indigent prisoners or
for persons who subsist on small fixed-income payments such as social security, unemployment
compensation, or public assistance and who would truly be required to forego food, shelter,
clothing, or some other necessity were they to devote any of their scant resources to paying a
judicial filing fee.” Bush v. Ohio Dep't of Rehab. & Corr., 2007 WL 4365381, at *1 (S.D. Ohio.
Proceeding in forma pauperis is not available for a litigant who seeks a waiver of the filing fee
on the basis he would have to make adjustments in his monthly budget to pay the fee. See
Behmlander v. Comm’r of Soc. Sec., 2012 WL 5457466, at *2 (E.D. Mich.) (a person is not a
pauper where he is in the “position of having to weigh the financial constraints posed by
pursuing [his] complaint against the merits of [his] claims”), report and recommendation
adopted, 2012 WL 5457383.
Here, Plaintiff’s application reflects a monthly income of $4,200.00 and $544.00 in
resources in a bank account. See Doc. 2, at 2. The Court does not find that, with these resources,
he is unable to pay the filing fee in this case without undue hardship. See, e.g., Foster, 21 F.
App’x at 240. Rather, the Court finds this is a case where Plaintiff is in the “position of having to
weigh the financial constraints posed by pursuing [his] complaint against the merits of [his]
claims.” Behmlander, 2012 WL 5457466, at *2.
For the foregoing reasons, good cause appearing, it is
ORDERED that Plaintiff’s application to proceed in forma pauperis (Doc. 2) be, and the
same hereby is DENIED and this case is dismissed; and it is
FURTHER ORDERED that Plaintiff may reopen the case within thirty (30) days of the
date of this Order by paying the full filing fee of $405.00 and filing a Motion to Reopen. The
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Court will not accept additional documents for filing in this case, including a Motion to Reopen,
unless the filing fee is first paid in the time period set forth in this Order; and it is
FURTHER CERTIFIED, pursuant to 28 U.S.C. § 1915(a)(3), that an appeal from this
decision could not be taken in good faith.
s/ James R. Knepp II
UNITED STATES DISTRICT JUDGE
Dated: October 16, 2026
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