Courtney B. v. O'Malley
- John Tunheim
- 0:24-cv-04172
- U.S. District Court · District of Minnesota
- 3
In Courtney B. v. O’Malley, Judge Leung denied Courtney B.’s fee-waiver request and ordered payment within 21 days.
Courtney B. must pay the $405 filing fee within 21 days unless the fee requirement changes or an amended application is granted. The order does not yet dismiss the case.
What happened
In Courtney B. v. O’Malley, Courtney B. appealed the denial of an application for Social Security benefits but asked to proceed without paying the filing fee.
The court considered the spouse’s income and assets because the application indicated that the spouse paid Courtney B.’s expenses. It concluded that paying the $405 filing fee would not cause undue hardship.
Judge Tony N. Leung denied the request to proceed without paying the fee and ordered Courtney B. to pay $405 within 21 days. If the fee is not paid, the court will recommend dismissing the case without prejudice for failure to prosecute.
The detailed version
- Courtney B. v. O'Malley · No. 0:24-cv-04172
- John Tunheim
- Nov. 15, 2024
Background
Courtney B. filed an action challenging the denial of an application for Social Security benefits. Courtney B. did not pay the filing fee and instead applied to proceed in forma pauperis, meaning without paying the fee.
Reasoning
The court explained that the relevant question was whether paying the filing fee would cause undue hardship or deprive the applicant of necessities. The application showed that Courtney B. had no income, but that the spouse earned approximately $8,000 per month and had significant assets, including savings, a truck, a camper, and a home. The application also showed that the spouse paid Courtney B.’s expenses. Based on those facts, the court concluded that the spouse’s income and assets supported finding that the filing fee would not impose an undue hardship.
The court added that, if it was mistaken and Courtney B.’s finances were not substantially intertwined with the spouse’s, Courtney B. could reapply for in forma pauperis status with an amended application showing only income and assets reasonably available to Courtney B.
Ruling
Judge Tony N. Leung denied Courtney B.’s application to proceed in forma pauperis. The court ordered Courtney B. to pay the $405 filing fee within 21 days of the order. If Courtney B. does not pay, the court will recommend that the matter be dismissed without prejudice for failure to prosecute. The order did not decide whether the denial of Social Security benefits was lawful.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.