5:25-cv-01399•Wiley v. Thirty5 West New LP LLC et al
Texto completo
UNITED STATES DISTRICT COURT WESTERN DISTRICT OF OKLAHOMA SHARI A. WILEY, ) ) Plaintiff, ) ) v. ) Case No. CIV-25-1399-JD ) THIRTY5 WEST NEW LP, LLC, et al., ) ) Defendants. ) REPORT AND RECOMMENDATION Plaintiff Shari A. Wiley filed a Complaint and a separate Application to Proceed in District Court without Prepaying Fees or Costs (“Application”). United States District Judge Jodi W. Dishman referred the Application, Doc. 2, to the undersigned Magistrate Judge in accordance with 28 U.S.C. § 636(b)(1)(B)-(C). After reviewing Plaintiff’s request, the undersigned recommends that the Court deny the Application. I. Discussion The filing fee for a civil case in this Court is $405.00.1 Courts have discretion in deciding whether to grant a civil litigant permission to proceed in forma pauperis (“IFP”). 28 U.S.C. § 1915(a); 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)). To succeed on an application 1 The total filing fee includes a base fee of $350.00 plus an administrative fee of $55.00. See 28 U.S.C. § 1914(a); Judicial Conf. Sched. of Fees, Dist. Ct. Misc. Fee Sched. ¶ 14. Case 5:25-cv-01399-JD Document 5 Filed 11/25/25 Page 1 of 4
2 to proceed IFP, the movant must show “a financial inability to pay the required filing fees.” Lister, 408 F.3d at 1312. The undersigned has carefully considered Plaintiff’s income, assets, and expenses as listed on her Application. Plaintiff attests that her take-home pay is $1,198 every two weeks, which equates to approximately $2,596 per month. Doc. 2 at 1. Plaintiff states she has no assets other than $4.00 in cash or a bank account. Id. at 2. Plaintiff further attests she has $1,736 in monthly expenses: (1) $1,450 in rent and (2) $286 in utilities. Id. Plaintiff also reports that she supports two children and contributes “100%” to their support, but does not specify a dollar amount for this support. Id. Finally, Plaintiff reports that she owes approximately $30,000 in debt to the Department of Education, but no payments are included in her monthly expenses. Id. (requiring Plaintiff to list any loan payments). Based on the information provided in the Application, the undersigned recommends the Court deny the Application. Plaintiff reports monthly take-home pay that exceeds her monthly expenses by several hundred dollars. See Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (affirming denial of IFP status, in part, because plaintiff’s “monthly income exceeded his monthly obligations by several hundred dollars”); Brewer v. City of Overland Park Police Dep’t, 24 F. App’x 977, 979 (10th Cir. 2002) (denying IFP status because plaintiff’s “monthly income exceeds his monthly expenses by a few hundred dollars”). “While this Court does not suggest that the plaintiff is wealthy or has lots of money to spend, [she] does appear to have discretionary income and/or assets and it appears that she has the ability to spend her discretionary funds on filing fees if [she] desires.” Case 5:25-cv-01399-JD Document 5 Filed 11/25/25 Page 2 of 4
3 Williams v. Oklahoma, No. CIV-16-163-R, 2016 WL 7665657, at *2 (W.D. Okla. Feb. 23, 2016) (citation modified) (R&R), adopted, 2016 WL 7665658 (W.D. Okla. Apr. 4, 2016), aff’d, 667 F. App’x 733 (10th Cir. 2016). The undersigned therefore finds that Plaintiff has not shown “a financial inability to pay the required filing fees.” Lister, 408 F.3d at 1312.2 II. Recommendation and Notice of Right to Object For the foregoing reasons, the undersigned recommends that the Court DENY Plaintiff’s Application to Proceed in District Court without Prepaying Fees or Costs, Doc. 2. The undersigned further recommends that if Plaintiff does not pay the $405.00 filing fee in full to the Clerk of Court within 21 days of any order adopting this Report and Recommendation, this action be dismissed without prejudice to refiling, pursuant to Local Civil Rule 3.3(e). Plaintiff is advised of her right to object to this Report and Recommendation. See 28 U.S.C. § 636. Any objection must be filed with the Clerk of this Court by December 16, 2025. See 28 U.S.C. § 636(b)(1); Fed. R. Civ. P. 72(b)(2). Failure to object timely waives the right to appellate review of the factual and legal issues addressed in this Report and Recommendation. See Moore v. United States, 950 F.2d 656, 659 (10th Cir. 1991). 2 The undersigned notes that Magistrate Judge Suzanne Mitchell recommended yesterday that the Court deny a very similar application to proceed IFP by Plaintiff Shane A. Wiley in Wiley v. Thirty5 West New LP, LLC, No. CIV-25-1400-R, Doc. 5 (W.D. Okla. Nov. 24, 2025). Case 5:25-cv-01399-JD Document 5 Filed 11/25/25 Page 3 of 4
4 This Report and Recommendation disposes of all issues referred to the undersigned Magistrate Judge in this matter. ENTERED this 25th day of November, 2025. Case 5:25-cv-01399-JD Document 5 Filed 11/25/25 Page 4 of 4
Continue sua pesquisa no ChatGPT ou Claude
Conecte o Omnilex para pesquisar o corpus jurídico pelo seu assistente de IA.