Opinion
Case No. 10-cv-533-JPG.
August 11, 2010
MEMORANDUM AND ORDER
This matter comes before the Court on Plaintiff Steven Burnett's pro se Motion to Proceed in Forma Pauperis (Doc. 2).
A federal court may permit an indigent party to proceed without pre-payment of fees. 28 U.S.C. § 1915(a)(1) (2006). In determining indigence, courts must remember that "a person need not be absolutely destitute in order to enjoy the benefit of § 1915." Zaun v. Dobbin, 628 F.2d 990, 992 (7th Cir. 1980) (discussing Adkins v. E.I. DuPont de Nemours Co., 335 U.S. 331, 339 (1948)). Even if a plaintiff is found to be indigent, a court can deny a qualified plaintiff leave to file in forma pauperis or can dismiss a case if the action is clearly frivolous or malicious. § 1915(e)(2)(B)(i).
Here, the Court is not satisfied from Burnett's affidavit that he is indigent. In said affidavit, Burnett states that his current net income is $313.00 per week, or approximately $1,360.00 per month, and that he has $50.00 in a checking or savings account. He also avers that his regular monthly expenses total $932.00, which includes $200.00 allotted for food. This leaves Burnett with $432.00 every month. While the determination of indigence is by no means a bright-lined test, the Court is hesitant to label Burnett — an individual who pockets every month more than the $350.00 filing fee imposed by this Court — as indigent. He can and should pay for the costs of this litigation.
This amount is actually lower if the $185.00 that Burnett spends on "loan payments" every month includes his $52.00 monthly payment to Sallie Mae.
The Court would also note that Burnett's current financial situation is a far cry from that outlined in his in forma pauperis affidavit in another case. Burnett v. United Adjustment Serv., Case No. 10-cv-462-JPG (Doc. 2) (S.D. Ill. June 24, 2010) (wherein the Court granted Burnett's motion to proceed in forma paueris).
For the foregoing reasons, the Court DENIES Burnett's Motion for Leave to Proceed in Forma Pauperis (Doc. 2) without prejudice and ORDERS Burnett to pay the $350.00 filing fee if he does not wish for this action to be dismissed. The Court makes no finding as to the meritoriousness of Burnett's case.
IT IS SO ORDERED.