United States District Court, N.D. Texas, Fort Worth Division
FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE
UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER
JEFFREY L. CURETON UNITED STATES MAGISTRATE JUDGE
case, Plaintiff has filed a civil case with a motion for
leave to proceed in forma pauperis. Resolution of the motion
was referred to the United States Magistrate Judge pursuant
to the provisions of 28 U.S.C. § 636(b) and
Miscellaneous Order No. 6. The findings, conclusions and
recommendation of the United States Magistrate Judge are as
FINDINGS AND CONCLUSIONS:
A. NATURE OF THE CASE This case is a new civil action.
Dorothy Robinson is the plaintiff. She listed the defendant
as Amazon Fulfillment.
filed a completed long-form motion to proceed in forma
pauperis under 28 U.S.C. § 1915 e?. seq. That
application/motion includes the income and asset information
for the plaintiff. A review of the financial information
submitted in the long-form application/motion reflects that
plaintiff Robinson receives $2, 440 a month in income from
Amazon Fulfillment. In-Forma Pauperis Mot. 1-2, ECF No. 3.
She lists no dependents. The applicable poverty guideline for
a family of one is $12, 490. At $2, 440 per month, Plaintiff
receives over $29, 000 in annual income, substantially above
the poverty level. The information in this application thus
shows that Plaintiff has sufficient resources available to
pay the applicable fees. Thus, after review and consideration
of the application/motion to proceed in forma pauperis, the
undersigned finds the motion to proceed IFP should be denied,
and will make such a recommendation.
therefore RECOMMENDED that Plaintiffs motion
to proceed in forma pauperis [docket no. 3] be
DENIED by the district judge.
further RECOMMENDED that the district judge
inform Plaintiff that the complaint will be subject to
dismissal without further notice under Federal Rule of Civil
Procedure 41(b), unless Plaintiff pays to the clerk of Court
the filing and administrative fees of $400.00 within seven (7)
days after the district judge's order.
OF RIGHT TO OBJECT TO PROPOSED FINDINGS. CONCLUSIONS AND
RECOMMENDATION AND CONSEQUENCES OF FAILURE TO OBJECT
of this report and recommendation shall be served on all
parties in the manner provided by law. Under 28 U.S.C. §
636(b)(1), each party to this action has the right to serve
and file specific written obj ections in the United States
District Court to the United States Magistrate Judge's
proposed findings, conclusions, and recommendation within
fourteen (14) days after the party has been served with a
copy of this document. The United States District Judge need
only make a de novo determination of those portions of the
United States Magistrate Judge's proposed findings,
conclusions, and recommendation to which specific objection
is timely made. See 28 U.S.C. § 636(b)(1).
Failure to file by the date stated above a specific written
objection to a proposed factual finding or legal conclusion
will bar a party, except upon grounds of plain error or
manifest injustice, from attacking on appeal any such
proposed factual findings and legal conclusions accepted ...