Larson v. Minnesota Department of Human Services
- John Tunheim
- 0:23-cv-01823
- U.S. District Court · District of Minnesota
- 3
In Hollis J. Larson v. Minnesota Department of Human Services, Judge Foster denied fee waiver status and required Larson to pay $402 within 20 days.
Hollis J. Larson must pay the full $402 filing fee within 20 days to continue pursuing the action as a non-IFP litigant. If he does not pay, dismissal without prejudice will be recommended.
What happened
Hollis J. Larson sued the Minnesota Department of Human Services and other defendants, alleging violations of federal and state law, including disability laws and 42 U.S.C. § 1983. He asked to proceed without paying the filing fee upfront.
The court reviewed Larson’s financial affidavit. Although he reported no recent income, student-loan debt, and limited assets, he also reported owning about $1,500 in cash. The court concluded that, given his circumstances and limited expenses as a civil detainee, he could afford the $402 filing fee.
The court denied Larson’s request to proceed without prepaying the fee. Judge Dulce J. Foster ordered him to pay the full $402 within 20 days; otherwise, the court would recommend dismissing the action without prejudice for failure to prosecute.
The detailed version
- Larson v. Minnesota Department of Human Services · No. 0:23-cv-01823
- John Tunheim
- June 23, 2023
Background
Hollis J. Larson filed a civil complaint against the Minnesota Department of Human Services and other defendants. He alleged violations of federal and state law, including the Americans with Disabilities Act, Section 504 of the Rehabilitation Act, and 42 U.S.C. § 1983. He did not pay the filing fee and instead filed an application to proceed in forma pauperis, meaning without paying the fee in advance.
Larson’s financial affidavit stated that he had not been employed since August 2003 and had received no money from the listed sources during the previous 12 months. He also reported $2,500 in student-loan debt and approximately $1,500 in cash. The opinion states that Larson is a civil detainee at the Minnesota Sex Offender Program and that he did not indicate his circumstances or living expenses would soon change.
Court’s Analysis
The court explained that the central question for an application to proceed without prepaying fees is whether the applicant can afford the costs of the case without undue hardship or deprivation of life’s necessities. The court recognized that Larson’s assets were limited and that he had student-loan debt. It also noted that he was not making payments on that debt and that, as a civil detainee, his expenses were limited.
The court concluded that Larson’s approximately $1,500 in cash was not negligible or merely nominal. Based on the information in his affidavit, the court found that he had enough resources to pay the statutory filing fee of $402 and was not financially eligible to proceed without paying it.
Disposition
The court denied Larson’s Motion to Proceed In Forma Pauperis. It ordered him to pay the full $402 filing fee within 20 days after the date of the order. If he failed to do so, the order stated that it would be recommended that the action be dismissed without prejudice under Federal Rule of Civil Procedure 41(b) for failure to prosecute. The order did not decide the merits of Larson’s disability, rehabilitation, civil-rights, or other claims. Judge Dulce J. Foster signed the order as a United States magistrate judge.
Read the full 3-page opinion on CourtListener, the free public archive maintained by the Free Law Project.