Reported / Citable
Background
Donald R. Karr moved to proceed in forma pauperis, seeking to pursue his civil case without prepaying filing fees. He submitted an AO 240 short-form application.
Karr identified multiple income sources but did not describe the sources or state the amounts received or expected. In particular, he left blank the form section requiring that financial information.
The Court’s Holding
Magistrate Judge Dan N. MacLemore recommended denying Karr’s fee-waiver motion without prejudice. The recommendation does not finally resolve the motion; it is subject to objections and review by District Judge Alan D. Albright.
The magistrate judge concluded that the incomplete application did not supply the asset and income information required under 28 U.S.C. § 1915(a)(1). Without that information, the court could not determine whether Karr could pay the filing fee in light of his income and expenses.
The recommendation would permit Karr to submit a properly completed AO Form 239 or AO Form 240 within 21 days, or instead pay the $405 filing fee.
Key Takeaways
- An IFP applicant must provide specific information about each income source and the amounts received or expected.
- An incomplete financial affidavit can prevent a court from assessing eligibility under Section 1915.
- The recommended denial is without prejudice, allowing Karr to renew his request with complete documentation.
Why It Matters
The recommendation underscores that IFP status depends on a sufficiently detailed financial affidavit, not merely an assertion of limited means. Litigants seeking a fee waiver should fully complete the applicable AO form so the court can evaluate income, assets, and financial obligations.