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UNITED STATES DISTRICT COURT

WESTERN DISTRICT OF WASHINGTON

AT TACOMA

DELANO RICARDO YOUNG,

Plaintiff,

v.

ERIC ENGLISH, et al.,

Defendants.

Case No. C06-5129RBL

REPORT AND RECOMMENDATION

TO DENY APPLICATION TO

PROCEED IN FORMA PAUPERIS 

 NOTED FOR: 

 June 1, 2006

This case has been referred to Magistrate Judge Karen L. Strombom pursuant to 28 U.S.C. §

636(b)(1) and Local MJR 3 and 4. Plaintiff has filed a Civil Rights complaint under 42 U.S.C. §

1983 and a motion to proceed in forma pauperis. To file a complaint and initiate legal proceedings,

a plaintiff must pay a filing fee of $250.00 or file a proper application to proceed in forma pauperis. 

Because the record indicates that plaintiff has sufficient funds with which to pay the filing fee, the

undersigned recommends the Court deny his motion.

DISCUSSION

The court may permit indigent litigants to proceed in forma pauperis upon completion of a

proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the court has broad discretion in

denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 598 (9th Cir.

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26 ORDER - 2

1963), cert. denied, 375 U.S. 845 (1963).

By requesting the court to proceed in forma pauperis, plaintiff is asking the government to

incur the court filing fee because he is allegedly unable to afford the costs necessary to proceed with

his civil rights action. On March 2, 2006, the Clerk received plaintiff’s complaint. (Dkt. # 1). By

letter dated March 20, 2006, the Clerk informed plaintiff that he needed to submit either the full filing

fee or file an application to proceed in forma pauperis. (Dkt. # 2). Plaintiff filed his application to

proceed in forma pauperis on March 29, 2006 (Dkt. # 3), but the court found the application

deficient as it was unable to determine the nature and amount of plaintiff’s sources of income based

on the information plaintiff provided. Plaintiff was ordered to cure the deficiency or face dismissal of

the matter. (Dkt. # 4). Plaintiff has responded (Dkt. # 5) and appears to have access to sufficient

funds with which to pay the court filing fee.

Plaintiff receives monthly disability income of $474.00 from the Social Security

Administration. Although plaintiff initially stated that he has three people who are dependent upon

him for support, his subsequent letter clarifies that these family members earn monthly incomes,

collectively in the amount of $1,000.00.

CONCLUSION 

Because the plaintiff appears to have access to sufficient funds with which to pay the filing

fee, the undersigned recommends that the Court deny his motion to proceed in forma pauperis. 

Accordingly, the undersigned also recommends that the Court dismiss plaintiff’s complaint unless

plaintiff pays the $250.00 filing fee within thirty (30) days of the Court’s order.

Pursuant to 28 U.S.C. § 636(b)(1) and Rule 72(b) of the Federal Rules of Civil Procedure,

the parties shall have ten (10) days from service of this Report and Recommendation to file written

objections. See also Fed. R. Civ. P. 6. Failure to file objections will result in a waiver of those

objections for purposes of appeal. Thomas v. Arn, 474 U.S. 140 (1985). Accommodating the time

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limit imposed by Rule 72(b), the Clerk is directed to set the matter for consideration on June 1,

2006, as noted in the caption. 

DATED this 11th day of May, 2006.

A

Karen L. Strombom

United States Magistrate Judge

Case 3:06-cv-05129-RBL Document 6 Filed 05/11/06 Page 3 of 3