Opinion

Thomas v. Columbus City Schools (Columbus Board of Education)

Court
District Court, S.D. Ohio
Filed
Mar 18, 2021
Cited by
0 cases
Authority
More cited than 28.2%

noting that “the question is whether the court costs can be paid without undue hardship”

How later courts described this case

  • noting that “the question is whether the court costs can be paid without undue hardship”

Written by the judges who cited it.

The opinion

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF OHIO

EASTERN DIVISION

JESSICA THOMAS,

Case No. 2:21-cv-1117

Plaintiff, Judge Sarah D. Morrison

Magistrate Judge Kimberly A. Jolson

v.

COLUMBUS CITY SCHOOLS, et al.,

Defendants.

REPORT AND RECOMMENDATION

On March 15, 2021, Plaintiff filed a motion for leave to proceed in forma pauperis under

28 U.S.C. § 1915(a). (Doc. 1). The Supreme Court, in Adkins v. E.I. DuPont de Nemours & Co.,

Inc., set forth the legal standard applicable to a motion to proceed in forma pauperis. 335 U.S.

331 (1948). An affidavit of poverty is sufficient if it reflects that the plaintiff cannot pay the court’s

filing fee without depriving herself the “necessities of life.” Id. at 339 (internal quotation marks

omitted). Although the plaintiff need not be totally destitute in order to proceed in forma pauperis,

paying the filing fee must be more than a mere hardship. See Foster v. Cuyahoga Dep’t of Health

& Human Servs., 21 F. App’x 239, 240 (6th Cir. 2001) (noting that “the question is whether the

court costs can be paid without undue hardship”). Consequently, unless it is clear that the one-

time payment of the court’s filing fee will render the plaintiff unable to provide for herself, the

court cannot grant her in forma pauperis status. See Adkins, 335 U.S. at 339.

In her affidavit, Plaintiff attests that she is currently employed and earns approximately

$2,400 per month. (Doc. 1 at 1). Plaintiff also attests that she has $2,500 “in cash or in a checking

or savings account[.]” (Id.). While Plaintiff does have some monthly expenses, including a

mortgage, utilities, and a credit card payment, none of these are overly onerous, particularly

considering her monthly income. (Id. at 2). Similarly, Plaintiff’s debt obligations are not overly

burdensome given her employment and income. (Id.). Finally, Plaintiff represents she has several

significant assets, including a $56,000 single family home and a $4,000 automobile. (Id.).

Importantly, she has no dependents. (Id. at 2).

Based on these representations, it does not appear that paying the one-time filing fee would

cause Plaintiff to be deprived the necessities of life. See Adkins, 335 U.S. at 339; see also Bush v.

Ohio Dep’t of Rehab. & Corr., No. 2:05-CV-0667, 2007 WL 4365381, at *1 (S.D. Ohio Dec. 10,

2007) (noting that “[i]n forma pauperis status is usually reserved either for indigent prisoners or

for persons who subsist on small fixed-income payments such as social security, unemployment

compensation, or public assistance and who would truly be required to forego food, shelter,

clothing, or some other necessity were they to devote any of their scant resources to paying a

judicial filing fee”). Accordingly, it is RECOMMENDED that Plaintiff’s motion for leave to

proceed in forma pauperis (Doc. 1) be DENIED. If this recommendation is adopted, it is further

RECOMMENDED that Plaintiff be required to pay the filing fee within seven (7) days of

adoption.

Procedure on Objections

If any party objects to this Report and Recommendation, that party may, within fourteen

(14) days of the date of this Report, file and serve on all parties written objections to those specific

proposed findings or recommendations to which objection is made, together with supporting

authority for the objection(s). A Judge of this Court shall make a de novo determination of those

portions of the Report or specified proposed findings or recommendations to which objection is

made. Upon proper objections, a Judge of this Court may accept, reject, or modify, in whole or in

part, the findings or recommendations made herein, may receive further evidence or may recommit

this matter to the Magistrate Judge with instructions. 28 U.S.C. § 636(b)(1).

The parties are specifically advised that failure to object to the Report and

Recommendation will result in a waiver of the right to have the District Judge review the Report

and Recommendation de novo, and also operates as a waiver of the right to appeal the decision of

the District Court adopting the Report and Recommendation. See Thomas v. Arn, 474 U.S. 140

(1985); United States v. Walters, 638 F.2d 947 (6th Cir. 1981).

IT IS SO ORDERED.

Date: March 18, 2021 /s/Kimberly A. Jolson

KIMBERLY A. JOLSON

UNITED STATES MAGISTRATE JUDGE

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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