Winningham v. Seiders et al

IN THE UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF ARKANSAS
CENTRAL DIVISION
JOHN W. WINNINGHAM, JR. 	PLAINTIFF
v. 	Case No. 4:22-cv-01043-KGB
SCOTT SEIDERS, et al. 	DEFENDANTS
ORDER
Before the Court are plaintiff John W. Winningham, Jr.’s amended motion for leave to
proceed in forma pauperis and motions for summary judgment (Dkt. Nos. 26; 28; 30). 	For the
following reasons, the Court denies without prejudice the motions (Id.).
I. 	Motion For Leave to Proceed In Forma Pauperis
On September 21, 2023, the Court ordered Winningham to: (1) pay the statutory filing fee
of $402.00 or (2) file an amended application to proceed in forma pauperis that clearly describes
Winningham’s financial situation (Dkt. No. 12). On May 30, 2024, Winningham filed an amended
application to proceed in forma pauperis (Dkt. No. 22). On March 20, 2025, the Court denied that
motion (Dkt. No. 25). The Court Ordered that Winningham must either: (1) pay the $402.00 filing
fee in full or (2) file an amended application to proceed in forma pauperis that clearly describes
Winningham’s financial situation for the Court’s review and consideration (Id.). 	On March 10,
2025, Winningham filed an amended motion for leave to proceed in forma pauperis and an
amended complaint (Dkt. Nos. 26; 27).
Under 28 U.S.C. § 1915, the decision to grant or deny in forma pauperis status is within
the sound discretion of the district court. Cross v. General Motors Corp., 721 F.2d 1152, 1157
(8th Cir. 1983) (citations omitted). Although a claimant need not be “completely destitute” to take
Case 4:22-cv-01043-KGB Document 32 Filed 11/24/25 Page 1 of 4

2
advantage of the in forma pauperis statute, he must show that paying the filing fee would result in
an undue financial hardship. In re Williamson, 786 F.2d 1336, 1338 (8th Cir. 1986).
Winningham has not signed his current application, although his typed name appears (Dkt.
No. 26, at 1). In his application, Winningham states that he receives $6,000.00 in gross monthly
wages (Id.). 	He does not state his employer’s name or address.1 	Thus, the Court estimates
Winningham’s annual gross pay as approximately $72,000.00. Winningham also reports that he
has a bank account with $214.00, and he owns real estate in Bradford, Arkansas (Id., at 2).
Winningham does not state the approximate value of that real estate (Id.).
Winningham represents that he has “Monthly Expenses” and that he pays for all living
expenses for a dependent minor (Id.). 	Winningham also attaches three pages of “Personal
Accounts Payable” and two pages of “Business Accounts Payable” to his application (Id., at 3–7).
The total of the items listed in the “Personal Accounts Payable” is $148,029.14. The total in the
“Business Accounts Payable” appears to be $874,255.00. 	Winningham does not explain the
timeframe of these expenses or what amounts are paid or outstanding. 	Winningham does not
explain if he is responsible for the business expenses in the accounts payable, the timeframe of
these expenses, or what amounts are paid or outstanding.
Based upon his in forma pauperis application, the Court is unable to determine that
Winningham does not have the ability to pay the filing fee without suffering an undue financial
1 	The Court is unsure of what Winningham’s relationship to Williams Management
Company, Inc., Williams Data Backup, and Williams Office Supply is. Winningham attaches to
his motion documents related to these entities (Dkt. No. 26, at 6–7). Winningham also attaches to
his motion electronic mail messages that seem to relate to job applications rejected or
acknowledged by certain companies (Id., at 8–9). The Court is uncertain what significance these
documents have in this matter.
Case 4:22-cv-01043-KGB Document 32 Filed 11/24/25 Page 2 of 4

3
hardship. 	Winningham’s application to proceed in forma pauperis is denied without prejudice,
subject to refiling (Dkt. No. 26).
Within 30 days of the entry of this Order, Winningham must either: (1) pay the $402.00
filing fee in full or (2) file an amended application to proceed in forma pauperis that clearly
describes Winningham’s financial situation for the Court’s review and consideration. 	That
application should be signed and answer each question on the form with specificity. 	If
Winningham does not pay the filing fee or file an amended in forma pauperis application within
30 days, this action will be dismissed without prejudice. 	Winningham’s failure to comply with
this Order could result in the dismissal of his lawsuit. See Local Rule 5.5 of the Local Rules of
the Eastern and Western Districts of Arkansas (“If any communication from the Court to a pro se
plaintiff is not responded to within thirty (30) days, the case may be dismissed without prejudice.
Any party proceeding pro se shall be expected to be familiar with and follow the Federal Rules of
Civil Procedure.”).
II. 	Other Motions
Winningham also filed motions for summary judgment (Dkt. Nos. 28; 30). Because the
Court denies without prejudice Winningham’s motion for leave to proceed in forma pauperis and
directs him to take certain action within 30 days to proceed with his claims, the Court denies
without prejudice Winningham’s motions for summary judgment (Id.). 	Only if Winningham
complies with this Court’s Order will the Court screen his complaint and determine whether
service on the named defendants is appropriate. 	Only if service is ordered and completed will
these issues be appropriate for the Court’s consideration.
Case 4:22-cv-01043-KGB Document 32 Filed 11/24/25 Page 3 of 4

4
III. 	Conclusion
For these reasons, the Court denies without prejudice Winningham’s application to proceed
in forma pauperis (Dkt. No. 26). 	Within 30 days of the entry of this Order, Winningham must
either: (1) pay the $402.00 filing fee in full or (2) file an amended application to proceed in forma
pauperis that clearly describes Winningham’s financial situation for the Court’s review and
consideration. The Court denies at this time Winningham’s motions for summary judgment (Dkt.
Nos. 28, 30).
It is so ordered, this 24th day of November, 2025.
_______________________________
Kristine G. Baker
Chief United States District Judge
Case 4:22-cv-01043-KGB Document 32 Filed 11/24/25 Page 4 of 4