Butcher v. Commissioner of Social Security

Middle District of Florida, flmd-8:2017-cv-00384

REPORT AND RECOMMENDATIONS re {{2}} Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Christina Butcher. Signed by Magistrate Judge Thomas B. McCoun III on 2/21/2017. (AHA)

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PageID 14 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION CHRISTINA BUTCHER, Plaintiff, v. Case No: 8:17-cv-384-T-30TBM NANCY A. BERRYHILL, Acting Commissioner of the United States Social Security Administration, Defendant. / REPORT AND RECOMMENDATION THIS MATTER is before the Court on Plaintiff's Affidavit of Indigency (Doc. 2), which the Court construes as a motion to proceed in forma pauperis. Upon review and consideration, I recommend that Plaintiff's motion be DENIED. As indicated, Plaintiff seeks leave to proceed in forma pauperis, pursuant to 28 U.S.C. § 1915, which states: [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 [person] 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). Here, Plaintiff's Affidavit of Indigency fails to demonstrate an inability to pay. As reflected in the affidavit, Plaintiff's spouse receives regular monthly income of approximately $3,900. In addition, Plaintiff indicates that she has $1,700 cash on hand. A comparison of the stated income versus monthly expenses indicates that Plaintiff has the wherewithal to pay the filing fee in this PageID 15 cause. For this reason, the motion fails. Accordingly, I recommend that the Court DENY Plaintiff's construed motion to proceed in forma pauperis (Doc. 2) and direct that Plaintiff pay the filing fee within twenty days of the Court's Order. Respectfully submitted this this 21st day of February 2017. NOTICE TO PARTIES A party has fourteen (14) days from this date to file written objections to the Report and Recommendation's factual findings and legal conclusions. A party's failure to file written objections waives that party's right to challenge on appeal any unobjected-to factual finding or legal conclusion the district judge adopts from the Report and Recommendation. See 11th Cir. R. 3-1; 28 U.S.C. § 636(b)(1). Copies furnished to: The Honorable James S. Moody, Jr., United States District Court Judge Counsel of Record -2-