1:25-cv-00184•Walker v. Hadco Construction
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THE UNITED STATES DISTRICT COURT DISTRICT OF UTAH JAMES W. WALKER, Plaintiff, v. HADCO CONSTRUCTION, Defendant. REPORT AND RECOMMENDATION Case No. 1:25-cv-00184-JCB Chief District Judge Jill N. Parrish Magistrate Judge Jared C. Bennett Plaintiff James W. Walker (“Mr. Walker”) moves to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915 (“IFP Statute”).1 For the reasons explained below, the court recommends denying Mr. Walker’s IFP motion and ordering him to pay the full filing fee.2 Under the IFP Statute, the court may authorize a plaintiff to commence a civil case without payment of the filing fee if he submits an IFP motion that demonstrates a financial 1 ECF No. 2. 2 In Lister v. Dep’t of Treasury, 408 F.3d 1309, 1312 (10th Cir. 2005), the United States Court of Appeals for the Tenth Circuit held that a magistrate judge does not have the authority to enter an order denying an IFP motion but instead must issue a report and recommendation under Fed. R. Civ. P. 72(b). Accordingly, the court issues this report and recommendation on Mr. Walker’s IFP motion rather than an order. Additionally, because all parties have not yet consented to Magistrate Judge Jared C. Bennett conducting all proceedings in this case under 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73, the court issues this report and recommendation to Chief District Judge Jill N. Parrish under DUCivR 72-3(f), which provides that until such consent is obtained from all parties, “a magistrate judge’s assignment as presiding judge is a referral from the Chief Judge under 28 U.S.C. § 636(b)(1)(B).” Case 1:25-cv-00184-JNP-JCB Document 3 Filed 12/30/25 PageID.<pageID> Page 1 of 3
2 inability to pay the filing fee.3 When assessing an IFP motion, the court should consider whether the plaintiff can pay the filing fee and “still be able to provide himself and dependents with the necessities of life.”4 “[P]roceeding [IFP] in a civil case is a privilege, not a right . . . .”5 “The decision to grant or deny [IFP] status under [the IFP Statute] lies within the sound discretion of the trial court.”6 Mr. Walker’s IFP motion does not demonstrate that he is unable to pay the filing fee. To the contrary, he indicates that his home is valued at $650,000 and that he has three vehicles.7 Additionally, many of his monthly expenses appear to be excessive and discretionary.8 For example, his monthly expenses include: (1) $500 payments for a cell phone; (2) $800 for gasoline, maintenance, and tires for his vehicles; (3) $350 for a trailer; and (4) $500 for a utility terrain vehicle. For those reasons, Mr. Walker has the financial ability to pay the full filing fee and should be required to do so. 3 28 U.S.C. § 1915(a)(1); DUCivR 3-2(a)(1); see also Lister, 408 F.3d at 1312; DeBardeleben v. Quinlan, 937 F.2d 502, 505 (10th Cir. 1991). 4 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948) (citation modified). 5 White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998) (citation modified). 6 Cabrera v. Horgas, 173 F.3d 863 (Table), 1999 WL 241783, at *1 (10th Cir. Apr. 23, 1999). 7 See, e.g., Jackson v. U.S. Dep’t of Army, No. 14-4034, 2014 WL 2761142, at *2 (D. Kan. June 18, 2014) (considering the plaintiff’s assets when denying the plaintiff’s IFP motion); Scherer v. State, No. 06-2446-JWL, 2006 WL 3147731, at *2 (D. Kan. Nov. 1, 2006) (same). 8 See, e.g., Jackson, 2014 WL 2761142, at *1 (relying on discretionary expenses as a reason for denying the plaintiff’s IFP motion). Case 1:25-cv-00184-JNP-JCB Document 3 Filed 12/30/25 PageID.<pageID> Page 2 of 3
3 RECOMMENDATION Because Mr. Walker fails to establish that he is unable to pay the filing fee, the court HEREBY RECOMMENDS that his IFP motion9 be DENIED. If that recommendation is adopted, the court FURTHER RECOMMENDS that Mr. Walker be ordered to pay the full filing fee within 14 days of the order adopting the recommendation and that he be warned that his failure to do so will result in this case being dismissed without prejudice. NOTICE TO PARTIES Copies of this Report and Recommendation are being sent to all parties, who are hereby notified of their right to object.10 The parties must file any objections to this Report and Recommendation within 14 days after being served with a copy of it.11 Failure to object may constitute waiver of objections upon subsequent review. DATED this 30th day of December 2025. BY THE COURT: JARED C. BENNETT United States Magistrate Judge 9 ECF No. 2. 10 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). 11 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Case 1:25-cv-00184-JNP-JCB Document 3 Filed 12/30/25 PageID.<pageID> Page 3 of 3
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