Davis v. City of Springfield
| Monique Davis |
| City of Springfield |
| 3:2022cv30011 |
| January 21, 2022 |
| US District Court for the District of Massachusetts |
| Katherine A Robertson |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights (Employment Discrimination) |
| None |
Docket Report
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| Document Text |
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| Filing 5 Copy of 4 Order on Motion for Leave to Proceed in forma pauperis and blank IFP Application (Long Form) mailed to Monique Davis on 1/27/2022. (Rivera, Melissa) |
| Filing 4 Magistrate Judge Katherine A. Robertson: ELECTRONIC ORDER entered Denying #2 motion for leave to proceed in forma pauperis. Plaintiff seeks leave to appeal the denial of her application for social security benefits without paying the $400 filing fee in this court. While the case is close, the court exercises its discretion to DENY this motion for the following reasons without prejudice to reconsideration if further relevant information is submitted. One does not have to be absolutely destitute to proceed in forma pauperis. Adkins v. E.I. DuPont de Nemours & Co., 355 U.S. 331, 339 (1948). Rather, the litigant must show that she cannot pay the filing fee and still be able to provide herself and dependents with the necessities of life. Id. Shang v. Howard Hughes Med. Inst., Civil Action No. 18-11067-LTS, 2018 WL 2435198, at *1 (D. Mass. May 30, 2018). Here, plaintiff's affidavit makes clear that plaintiff's finances are intertwined with those of her husband, who, plaintiff represents, pays all of the familys bills. It is thus appropriate to consider their overall financial situation when addressing the current application. Piano v. Astrue, Civil Action No. 11-30269-KPN, 2012 WL 79188 (D. Mass. Jan. 10, 2012) (citing cases and other sources). According to plaintiffs application, plaintiffs husband earns approximately $42,696.00, which far exceeds the 2019 federal poverty level guidelines. The familys listed expenses, calculated on an annual basis, are less than the amount earned by the plaintiffs husband. They have no dependents. In these circumstances, the court cannot find that paying the $400 filing fee would interfere with the plaintiffs ability to provide herself with the necessities of life. It is so ordered. (Rivera, Melissa) |
| Filing 3 NOTICE of Case Assignment. Magistrate Judge Katherine A. Robertson assigned to case. Plaintiff's counsel, or defendant's counsel if this case was initiated by the filing of a Notice of Removal, are directed to the Notice and Procedures regarding Consent to Proceed before the Magistrate Judge which can be downloaded #here. These documents will be mailed to counsel not receiving notice electronically. Pursuant to General Order 09-3, until the Court receives for filing either a consent to the Magistrate Judge's jurisdiction or the reassignment of the case to a District Judge, the initial assignment of a civil case to the Magistrate Judge is a referral to the Magistrate Judge under 28 USC 636(b) for all pretrial non-dispositive matters and Report and Recommendations, but not for the Rule 16(b) scheduling conference. (Finn, Mary) |
| Filing 2 MOTION for Leave to Proceed in forma pauperis by Monique Davis. (Figueroa, Tamara) |
| Filing 1 COMPLAINT against City of Springfield, filed by Monique Davis. (Attachments: #1 Civil Cover Sheet, #2 Category Sheet) (Figueroa, Tamara) |
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| Plaintiff: Monique Davis | |
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