Nichole K. v. Saul
- Ann Montgomery
- 0:19-cv-01662
- U.S. District Court · District of Minnesota
- 3
In Nichole K. v. Commissioner of Social Security, Judge Rau denied Nichole K.’s fee-waiver request and ordered a new financial application.
Nichole K.; the order requires her to provide additional financial information or pay the full filing fee for the action to proceed.
What happened
In Nichole K. v. Commissioner of Social Security, Nichole K. asked to proceed without paying the court’s filing fee upfront.
The court found that her one-page application contained no relevant financial information and did not satisfy the requirements for a fee waiver. The court denied that application but allowed her another opportunity to qualify.
Judge Steven E. Rau ordered Nichole K. to file a completed financial form, or comparable information, within 30 days. If she does not, the case may proceed only if she pays the full filing fee.
The detailed version
- Nichole K. v. Saul · No. 0:19-cv-01662
- Ann Montgomery
- July 11, 2019
Background
Nichole K. asked to proceed without paying the filing fee upfront. This request is known as an application to proceed in forma pauperis, or IFP. The request was based on 28 U.S.C. § 1915(a)(1), which requires an applicant to provide information about all assets and the applicant’s inability to pay the required fees or security.
Court’s Analysis
The court determined that Nichole K.’s one-page IFP motion contained no relevant financial information and did not satisfy the statutory requirements. The court explained that the key question is whether the applicant can afford the costs of proceeding without undue hardship or being deprived of life’s necessities. A standardized form, Form AO 239, is available to provide the information needed to evaluate that question.
Ruling
The court denied Nichole K.’s IFP motion. It ordered her to file, within 30 days of the order’s date, a completed Form AO 239 or a document containing comparable information. If she did not make that filing within the allowed period, the action would proceed only if she paid the full filing fee. Judge Steven E. Rau signed the order as the United States magistrate judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.