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Robinson v. Amazon Fulfillment

United States District Court, N.D. Texas, Fort Worth Division

July 1, 2019

DOROTHY ROBINSON,
v.
AMAZON FULFILLMENT

          FINDINGS, CONCLUSIONS AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE AND NOTICE AND ORDER

          JEFFREY L. CURETON UNITED STATES MAGISTRATE JUDGE

         In this 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.[1] The findings, conclusions and recommendation of the United States Magistrate Judge are as follows:

FINDINGS AND CONCLUSIONS:
A. NATURE OF THE CASE This case is a new civil action.
B. PARTIES
Dorothy Robinson is the plaintiff. She listed the defendant as Amazon Fulfillment.

         C. LEGAL ANALYSIS

         Plaintiff 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.[2] 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.

         RECOMMENDATION

         It is therefore RECOMMENDED that Plaintiffs motion to proceed in forma pauperis [docket no. 3] be DENIED by the district judge.

         It is 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[3] within seven (7) days after the district judge's order.

         NOTICE OF RIGHT TO OBJECT TO PROPOSED FINDINGS. CONCLUSIONS AND RECOMMENDATION AND CONSEQUENCES OF FAILURE TO OBJECT

         A copy 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. ยง 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 ...


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