Hudson v. United States Postal Service et al

UNITED STATES DISTRICT COURT FOR THE
WESTERN DISTRICT OF OKLAHOMA
TINA HUDSON, )
)
Plaintiff, )
)
v. ) Case No. CIV-26-644-G
)
UNITED STATES POSTAL )
SERVICE et al., )
)
Defendants. )
ORDER
This matter is before the Court for review of the Report and Recommendation issued
by Magistrate Judge Chris M. Stephens on March 31, 2026 (Doc. No. 5). Judge Stephens
recommended that Plaintiff Tina Hudson’s Application for Leave to Proceed In Forma
Pauperis (Doc. No. 2) be denied based upon Plaintiff’s ability to pay the required filing
fee.
Plaintiff timely filed an Objection (Doc. No. 6). Pursuant to controlling authority,
the Court reviews de novo the portions of the Report and Recommendation to which
specific objections have been made. See United States v. 2121 E. 30th St., 73 F.3d 1057,
1059-60 (10th Cir. 1996); 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(3).
Plaintiff’s Objection asserts that, based on corrected financial information, she
cannot afford the filing fee because her monthly surplus income is significantly lower than
the amount calculated and relied upon in the Report. Plaintiff represents that her gross and
net income were incorrectly entered and that several monthly expenses were mistakenly
omitted from the Application. See Pl.’s Obj. at 1-2. Specifically, Plaintiff reports that her
Case 5:26-cv-00644-G Document 7 Filed 04/30/26 Page 1 of 2

2
bi-weekly gross pay is $1038.42, her bi-weekly net pay is $771.50, and that she incurs
additional monthly expenses of $400.00 for groceries, $100.00 for household supplies, and
$50.00 for pet care. See id. Plaintiff contends that she is unable to pay the $405.00 filing
fee because her monthly surplus totals $307.58, rather than $1400.00. See id. at 2-3.
Based upon Plaintiff’s submissions, the Court concludes that Plaintiff’s monthly
income exceeds her expenses and that she is not entitled to proceed in forma pauperis. See
28 U.S.C. § 1915; Dungan v. Dep’t of Veterans Affs., No. CIV-18-1038-R, 2019 WL
943416, at *1 (W.D. Okla. Feb. 26, 2019).
CONCLUSION
The Court ADOPTS the Report and Recommendation (Doc. No. 5) and DENIES
Plaintiff’s Application for Leave to Proceed In Forma Pauperis (Doc. No. 2).
In light of the facts set forth under oath in the Application and the additional
information provided in Plaintiff’s Objection, however, the Court will allow Plaintiff to
pay the filing fee in monthly installments. See, e.g., Dungan, 2019 WL 943416, at *1.
Plaintiff shall submit an initial payment of $55.00 toward the filing fee to the Clerk of
Court within twenty-one (21) days of the date of this Order. Plaintiff shall thereafter submit
$50.00 by the first of each following month until the entire fee has been paid. Failure to
pay the filing fee as specified may result in the dismissal of this action without prejudice.
IT IS SO ORDERED this 30th day of April, 2026.
Case 5:26-cv-00644-G Document 7 Filed 04/30/26 Page 2 of 2