1

IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF TEXAS

DALLAS DIVISION

BUBBA LEE WASHINGTON, JR., §

Plaintiff, §

§

v. § No. 3:22-cv-01970-S (BT)

§

CITY OF DALLAS, et al., §

 Defendants. §

FINDINGS, CONCLUSIONS, AND RECOMMENDATION

OF THE UNITED STATES MAGISTRATE JUDGE

Plaintiff Bubba Lee Washington, Jr. seeks leave to proceed in forma 

pauperis in this pro se civil action. For the reasons stated, the Court should 

deny Washington’s request and dismiss his case unless he pays the $402.00 

filing fee by October 7, 2022.

The procedure for a party to bring a lawsuit in forma pauperis is set 

forth in 28 U.S.C. § 1915. Section 1915 provides:

[A]ny court of the United States may authorize the 

commencement, prosecution or defense of any suit, action or 

proceeding, civil or criminal, or appeal therein, without 

prepayment of fees or security therefor, by a person who 

submits an affidavit that includes a statement of all assets such 

prisoner possesses that the person is unable to pay such fees or 

give security therefor. Such affidavit shall state the nature of the 

action, defense or appeal and affiant's belief that the person is 

entitled to redress.

28 U.S.C. § 1915(a)(1) (emphasis added). The goal of § 1915(a) is to allow 

access to federal courts for those plaintiffs who lack the financial resources 

to pay any part of the statutory filing costs. Prows v. Kastner, 842 F.2d 138, 

Case 3:22-cv-01970-S-BT Document 6 Filed 09/08/22 Page 1 of 3 PageID 14
2

140 (5th Cir. 1988). The Court must examine the financial condition of the 

applicant to determine whether the payment of fees would “cause undue 

financial hardship.” Id. “This entails a review of other demands on 

individual plaintiffs’ financial resources, including whether the expenses are 

discretionary or mandatory.” Id. The Court may require a plaintiff to 

complete a financial affidavit in support of a motion to proceed in forma 

pauperis. Nottingham v. Warden, Bill Clements Unit, 837 F.3d 438, 439-40 

(5th Cir. 2016).

In this case, Washington filed a financial affidavit in support of his 

motion stating that for the last twelve months his average monthly income 

has been $2,700.00 from employment at Wal-Mart. Washington expects his 

income next month to be the same. He owns a 2009 Mitsubishi Lancer and 

a 2009 Ford Edge. Washington has no dependents, and his monthly 

expenses are $1,525.00. In view of all the evidence, the Court finds that 

paying the $402.00 filing fee would not “cause an undue financial hardship.” 

See Prows, 842 F.2d at 140. 

The Court should DENY Washington’s motion for leave to proceed in 

forma pauperis (ECF No. 4) and dismiss his case without prejudice unless 

he pays the $402.00 filing fee by October 7, 2022.

Signed September 8, 2022. 

____________________________

REBECCA RUTHERFORD

UNITED STATES MAGISTRATE JUDGE

Case 3:22-cv-01970-S-BT Document 6 Filed 09/08/22 Page 2 of 3 PageID 15
3

INSTRUCTIONS FOR SERVICE AND

NOTICE OF RIGHT TO APPEAL/OBJECT

A copy of this report and recommendation shall be served on all 

parties in the manner provided by law. Any party who objects to any part of 

this report and recommendation must file specific written objections within 

14 days after being served with a copy. See 28 U.S.C. § 636(b)(1); FED. R.

CIV. P. 72(b). To be specific, an objection must identify the specific finding 

or recommendation to which objection is made, state the basis for the 

objection, and specify the place in the magistrate judge's report and 

recommendation where the disputed determination is found. An objection 

that merely incorporates by reference or refers to the briefing before the 

magistrate judge is not specific. Failure to file specific written objections will 

bar the aggrieved party from appealing the factual findings and legal 

conclusions of the magistrate judge that are accepted or adopted by the 

district court, except upon grounds of plain error. See Douglass v. United 

Services Automobile Ass'n, 79 F.3d 1415, 1417 (5th Cir. 1996), modified by 

statute on other grounds, 28 U.S.C. § 636(b)(1) (extending the time to file 

objections to 14 days).

Case 3:22-cv-01970-S-BT Document 6 Filed 09/08/22 Page 3 of 3 PageID 16