Baker v. Davidson

1
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
WESTERN DIVISION
WILLIAM RAY BAKER,
Plaintiff/Counter Defendant,
vs.
PAULETTE DAVIDSON, CEO/President
of Monument Health,
Defendant/Counter Claimant.
5:21-CV-05093-KES
ORDER DENYING PLAINTIFF’S
MOTION FOR LEAVE TO PROCEED
IN FORMA PAUPERIS ON APPEAL
Plaintiff, William Ray Baker, filed a pro se lawsuit alleging unlawful
discrimination under Title VII of the Civil Rights Act of 1964 and under the
Americans with Disabilities Act of 1990. Docket 1 at 3. Baker also alleged
retaliation in violation of the Fair Labor Standards Act. Id. Defendant, Paulette
Davidson, moved for summary judgment on all claims, summary judgment on
her counterclaim of barratry, and Rule 11 sanctions. See Docket 91 at 1. This
Court granted Davidson’s motion for summary judgment on Baker’s claims,
declined supplemental jurisdiction over Davidson’s counterclaim, and denied
Davidson’s motion for Rule 11 sanctions. Id. at 15-16. Judgment was entered
in favor of Davidson on November 17, 2022. Docket 92.
Baker filed a notice of appeal and a motion for leave to proceed in forma
pauperis on appeal. Dockets 93, 94. Baker paid his initial filing fee in full when
he filed his complaint and did not move for in forma pauperis status at that
time. See Docket 1. “[I]n forma pauperis status does not require a litigant to
Case 5:21-cv-05093-KES Document 97 Filed 12/12/22 Page 1 of 2 PageID #: <pageID>

2
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 (8th Cir. 1987) (citation omitted). Baker’s
financial affidavit in support of his motion shows that next month he expects
an income of $2,523.35. Docket 94 at 2. He also states that he has $1,900.00
in a checking account and $20,000.00 in a savings account. Id. Baker has
sufficient funds to pay the $505.00 appellate filing fee, so his motion for leave
to proceed in forma pauperis (Docket 94) is denied. Baker must pay the filing
fee of $505 by January 12, 2023.
Thus, it is ORDERED:
1. 	That Baker’s motion for leave to proceed in forma pauperis on
appeal (Docket 94) is denied.
2. 	Baker shall pay the $505 appellate filing fee to the Clerk of the
United States District Court for the District of South Dakota.
Baker must pay the fee by January 12, 2023.
Dated December 12, 2022.
BY THE COURT:
/s/ Karen E. Schreier
KAREN E. SCHREIER
UNITED STATES DISTRICT JUDGE
Case 5:21-cv-05093-KES Document 97 Filed 12/12/22 Page 2 of 2 PageID #: <pageID>