Welch

IN THE UNITED STATES DISTRICT COURT FOR THE

WESTERN DISTRICT OF MISSOURI

CENTRAL DIVISION

BEVERLY WELCH, )

)

)

Plaintiff, )

)

v. ) No. 2:26-cv-04084-WJE

)

MISSOURI HIGHED EDU, )

)

)

Defendant. )

REPORT AND RECOMMENDATION

Plaintiff Beverly Welch, pro se, has filed her Complaint without payment of the filing fee.

(Doc. 1). The Court ordered Ms. Welch to pay the filing fee or seek leave to proceed in forma

pauperis by May 22, 2026. (Doc. 2). Ms. Welch has failed to do so. The Court therefore

recommends that Ms. Welch’s case be dismissed without prejudice.

I. Background

This matter arises from an alleged violation of Ms. Welch’s constitutional right to contract

under Article I, Section 10 of the United States Constitution. (Doc. 1 at 2). In her Complaint, Ms.

Welch names “Missouri Higher Edu” as the sole defendant. (See Doc. 1). The entirety of Ms.

Welch’s claim reads as follows:

I sent the notice of unpaid lien to the company (which I will attach to this case), letting

them know about the first obligation trust lien that I needed to get taken care (which had

nothing to do with them). They completely ignored the notice and continued to report

account on credit which now puts them at fault for the trust lien security agreement pay off

for delaying and ignoring the first obligation pay off.

(Doc. 1 at 4). Ms. Welch attached a Notice of Lien to her Complaint. (Doc. 1-1).

Ms. Welch seeks relief in the amount of $1,000,000.00 “for trust security agreement

violation,” $1,000 per violation of the “Fair Credit Act,” for her account to be paid off, and for a

report that her account is “in good standing.” (Id.).

II. Discussion

Ms. Welch filed her Complaint on April 21, 2026, without payment of the filing fee and

without filing a motion for leave to proceed in forma pauperis. On April 22, 2026, the Court

ordered Ms. Welch to either file a motion for leave to proceed in forma pauperis or pay the filing

fee within 30 days. (Doc. 2). A copy of the Court’s Order was mailed to the address Ms. Welch

provided in her Complaint. (Id.). To date, Ms. Welch has not responded to the Court’s Order.

Accordingly, the Court recommends that her Complaint be dismissed without prejudice.

Payment of the filing fee is required to commence a civil action in federal court. 28 U.S.C.

§ 1914(a). A plaintiff who cannot afford the filing fee may seek leave to proceed in forma pauperis.

28 U.S.C. § 1915(a). To proceed in forma pauperis, a plaintiff must submit an affidavit that

includes a statement of all assets he or she possesses. 28 U.S.C. § 1915(a)(1); see also L.R. 83.7(a)

(“An individual may request leave to commence a civil action without being required to prepay

fees or costs by filing with the complaint an affidavit requesting leave to proceed in forma

pauperis.”). “In forma pauperis status, however, is a privilege, not a right.” Zuhayr El v.

Bodenhausen, No. 4:22-CV-00520-RWS, 2022 WL 3081168, at *3 (E.D. Mo. Aug. 3, 2022)

(citing Williams v. McKenzie, 834 F.2d 152, 154 (8th Cir. 1987)).

Plaintiffs proceeding pro se must still comply with court orders and with the Federal Rules

of Civil Procedure. Ackra Direct Marketing Corp. v. Fingerhut Corp., 86 F.3d 852, 856 (8th Cir.

1996). A district court may dismiss an action for failure to comply with a court order. Fed. R. Civ.

P. 41(b); see Doe v. Cassel, 403 F.3d 986, 990 (8th Cir.2005). “If a self-represented plaintiff fails

to comply with a court order, the court may dismiss the action on its own initiative.” Zuhayr El,

2022 WL 3081168, at *3 (citing Brown v. Frey, 806 F.2d 801, 803 (8thCir. 1986)).

Ms. Welch has neither paid the filing fee nor sought leave to proceed in forma pauperis.

She has ignored the Court’s Order directing her to do so. (See Doc. 2). Accordingly, the Court

recommends that Ms. Welch’s case be dismissed without prejudice.

III. Conclusion

For the foregoing reasons, IT IS THEREFORE RECOMMENDED that the District Judge,

after making an independent review of the record and applicable law, enter an order dismissing

this case without prejudice.

Objections to this report may be filed with the District Judge within fourteen days of receipt

of a copy of the report. A failure to file and serve objections by this date shall bar an attack on

appeal of the factual findings in the Report and Recommendation which are accepted or adopted

by the District Judge, except on the grounds of plain error or manifest injustice.

Dated this 5th day of June, 2026, at Jefferson City, Missouri.

Willie J. Epps, Jr.

Willie J. Epps, Jr.

Chief United States Magistrate Judge