Simmons v. Miser

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF KANSAS
BILL SIMMONS,
Plaintiff,
v.
LAURA MISER,
Defendants.
Case No. 25-1235-DDC-BGS
ORDER GRANTING MOTION TO PROCEED
WITHOUT PREPAYMENT OF FEES
This matter comes before the Court on Plaintiff Bill Simmons’ motion to proceed without
prepayment of fees, which is a motion requesting leave for Plaintiff to proceed in forma pauperis (IFP).
(Doc. 2, sealed). For the reasons set forth below, the motion is GRANTED.
Under 28 U.S.C. § 1915(a), a federal court may authorize commencement of a civil action
“without prepayment of fees or security therefor, by a person who submits an affidavit that . . . the
person is unable to pay such fees or give security therefor.” To succeed on an IFP motion, “the
movant must show a financial inability to pay the required filing fees.” Lister v. Dep’t of Treasury, 408
F.3d 1309, 1312 (10th Cir. 2005). Proceeding IFP “in a civil case is a privilege, not a right –
fundamental or otherwise.” White v. Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998). The decision to
grant or deny IFP status under § 1915 lies within the district court’s sound discretion. Engberg v.
Wyoming, 265 F.3d 1109, 1122 (10th Cir. 2001).
Based on the financial information provided by Plaintiff in his motion (Doc. 2, sealed) and
affidavit of financial status (Doc. 2-1, sealed), the Court finds that his financial situation, when
taking into account any income as well as debts and financial obligations, establishes his inability to
pay the required filing fee to remove this case to federal court and his access to the court would be
significantly inhibited if this motion was not granted. Thus, the Court GRANTS his motion to
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proceed without prepayment of fees (Doc. 2, sealed).
Because of the Court’s contemporaneously filed Report & Recommendation of dismissal to
the District Court, the undersigned Magistrate Judge directs that the Clerk shall not issue summons
for service upon the Defendants at this time.
IT IS THEREFORE ORDERED that Plaintiffs’ Motion to Proceed without Prepayment
of Fees (Docs. 2, sealed), is GRANTED. Pursuant to 28 U.S.C. § 1915(a)(1), Plaintiff may
commence this action without prepayment of fees. The U.S. Marshals Service shall withhold service
on Defendants until further order of the Court.
IT IS SO ORDERED.
Dated December 10, 2025, at Wichita, Kansas.
/s/
Brooks G. Severson
United States Magistrate Judge
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