Durr v. Greystar Worldwide LLC — Magistrate judge recommends denying fee waiver and conditionally dismissing case

Reported / Citable

Background

Pro se plaintiff Reginald Durr sought permission to pursue his lawsuit against Greystar Worldwide LLC without prepaying the required filing fee. His financial affidavit reported average monthly employment income of $3,182.40, $23 in a checking account, no assets or dependents, and monthly expenses of $1,805.

The magistrate judge evaluated whether paying the $405 filing fee would cause Durr undue financial hardship under the standard governing applications to proceed in forma pauperis.

The Court’s Holding

The magistrate judge concluded that the financial information did not establish undue hardship. Durr’s annual income of $38,188.80 was well above the applicable $15,960 poverty guideline for a one-person Texas household, and his reported monthly income exceeded his monthly expenses by $1,377.40.

The report therefore recommended that the district judge deny Durr’s motion to proceed in forma pauperis. It further recommended dismissing the case without prejudice unless Durr pays the $405 filing fee within 15 days after an order accepting the recommendation, or by another deadline set by the district judge.

Key Takeaways

• An applicant seeking to proceed without prepaying fees must show that payment would cause undue financial hardship.
• The magistrate judge found Durr capable of paying because his income substantially exceeded both the poverty guideline and his reported expenses.
• The ruling is a report and recommendation, not a final district-court order, and the proposed dismissal would be without prejudice if Durr fails to pay.

Why It Matters

The recommendation illustrates that limited savings alone may not justify in forma pauperis status when reported income leaves sufficient funds after monthly expenses. Courts assess the applicant’s overall financial circumstances rather than relying on account balances in isolation.

Because the filing is a magistrate judge’s recommendation, the district judge must decide whether to accept it. The parties may file specific written objections within 14 days after service.