Peter et al v. Wojcicki et al

UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
MARIA PETER; MICHAEL PETER; JULIKA
BERGER;JAROLIN BERGER,
3:21-CV-03023-RAL
Petitioner,
vs.
SUSAN DIANE WOJCICKI,CEO ONLINE
VIDEO PLATFORM YT; WILLIAM HENRY
CATES,PRESIDENT BMGF;STEPHANE
BANCEL,CEO MODE-RNA
THERAPUEITCS INC.; ALBERT BOURLA,
CEO PFIZERINC.,
ORDER DENYING PLAINTIFFS' MOTION
FOR LEAVE TO PROCEED IN FORMA
PAUPERIS AND REQUIRING THE FULL
FILING FEE
Respondents.
Plaintiffs Maria Peter and Michael Peter, citizens of Austria, and Julika Berger and
Jarolin Berger, citizens of Germany, filed a lawsuit against defendants under 28 U.S.C. § 1332.
Doc. 1. Plaintiffs move for leave to proceed in forma pauperis and have included a financial
affidavit.^ Doc. 5.
A federal court may authorize the commencement of any lawsuit without prepayment of
fees when an applicant submits an affidavit stating he or she is unable to pay the costs ofthe
lawsuit. 28 U.S.C. § 1915(a)(1). "[I]n forma pauperis status does not require a litigant to
demonstrate absolute destitution." Lee v. McDonald's Corp.. 231 F.3d 456,459(8th Cir. 2000).
But in forma pauperis status is a privilege, not a right. Williams v. McKenzie. 834 F.2d 152, 154
^ The motion for leave to proceed in forma pauperis is signed by Maria Peter and includes her
information and that of her spouse. See Doc. 5 at 1-5. The motion appears to have been mailed
by Julika Berger. Id at 7. Although financial information for all plaintiffs is not included, this
Court finds that there is sufficient information included as to Maria Peter's finances to evaluate
plaintiffs' motion.
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(8th Cir. 1987). Determining whether an applicant is sufficiently impoverished to qualify to
proceed in forma pauperis under § 1915 is committed to the sound discretion ofthe district court.
Cross V. Gen. Motors Corp.. 721 F.2d 1152, 1157 (8th Cir. 1983). After review of Maria Peter's
financial affidavit, the Court finds that she does have sufficient funds to pay the filing fee. Thus,
Maria Peter's motion for leave to proceed in forma pauperis is denied. Maria Peter's must pay
the $402 filing fee by February 3,2022. Failure to pay the filing fee by February 3, 2022, will
result in dismissal without prejudice of Maria Peter's complaint.
Therefore, it is hereby
ORDERED that Maria Peter's motion for leave to proceed in forma pauperis. Doc. 5, is
denied. Maria Peter must pay the $402 filing fee by February 3,2022, made payable to the
Clerk, U.S. District Court. If Maria Peter does not pay the filing fee by February 3, 2022, her
complaint will be dismissed without prejudice. It is further
ORDERED that, unless the remaining plaintiffs/petitioners file motions to proceed in
forma pauperis with the appropriate financial affidavits or alternatively pay the filing fee by
February 3, 2022,their claims will be dismissed without prejudice as well.
DATED January 4**" ,2022.
BY THE COURT:
ROBERTO A. LANGE
CHIEF JUDGE
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