IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

SPENCER NEAL,

Plaintiff,

Civil Action 2:18-cv-626

v. Judge Algenon Marbley

Magistrate Judge Jolson

HAWKSTONE ASSOCIATES, INC.,

Defendant.

REPORT AND RECOMMENDATION

On June 27, 2018, Plaintiff filed a motion for leave to proceed in forma pauperis under 

28 U.S.C. § 1915(a). (Doc. 2). In Adkins v. E.I. DuPont de Nemours & Co., Inc., 335 U.S. 331 

(1948), the Supreme Court set forth the legal standard applicable to a motion to proceed in forma 

pauperis. An affidavit of poverty is sufficient if it reflects that the plaintiff cannot pay the 

Court’s filing fee without depriving himself and his dependents the “necessities of life.” Id. at 

339 (internal quotation marks omitted). Although the plaintiff need not be totally destitute in 

order to proceed in forma pauperis, paying the filing fee must be more than a mere hardship. See 

Foster v. Cuyahoga Dep’t of Health & Human Servs., 21 F. App’x 239, 240 (6th Cir. 2001) 

(noting that “the question is whether the court costs can be paid without undue hardship”). 

Consequently, unless it is clear that the one-time payment of the Court’s filing fee will render the 

plaintiff unable to provide for himself and his dependents, the Court cannot grant him in forma 

pauperis status. See Adkins, 335 U.S. at 339.

In Plaintiff’s affidavit, he explains that he is not employed, although this month he 

received payment from a law firm for filing court documents. (Doc. 2 at 2). Plaintiff also 
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receives $1,189.00 per month in disability payments and has $3000.00 in cash on hand or in a 

bank account. (Id. at 2–3). Plaintiff owns his car but has a monthly car insurance payment of 

$249.00. (Id. at 3). Plaintiff’s only other listed expense consists of credit card payments that 

total $360.00 per month. (Id.).

Based on the information Plaintiff provided in his affidavit, it appears that he has access 

to sufficient assets such that paying the one-time filing fee of $400.00 would not impose an 

undue hardship upon him. With $3,000.00 available to him and limited expenses, it appears that 

paying the filing fee would not cause Plaintiff to deprive himself the necessities of life. 

Accordingly, it is RECOMMENDED that Plaintiff’s motion for leave to proceed in forma 

pauperis be DENIED. (Doc. 2). 

Procedure on Objections

If any party objects to this Report and Recommendation, that party may, within fourteen 

(14) days of the date of this Report, file and serve on all parties written objections to those 

specific proposed findings or recommendations to which objection is made, together with 

supporting authority for the objection(s). A Judge of this Court shall make a de novo

determination of those portions of the Report or specified proposed findings or recommendations 

to which objection is made. Upon proper objections, a Judge of this Court may accept, reject, or 

modify, in whole or in part, the findings or recommendations made herein, may receive further 

evidence or may recommit this matter to the Magistrate Judge with instructions. 28 U.S.C.

§ 636(b)(1).

The parties are specifically advised that failure to object to the Report and 

Recommendation will result in a waiver of the right to have the District Judge review the Report 

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of 
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the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140 

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

IT IS SO ORDERED.

Date: June 28, 2018 /s/ Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE