United States District Court, D. Kansas
Mary J. Cruse Plaintiff,
Andrew M. Saul, Commissioner of Social Security Defendant.
E. BIRZER UNITED STATES MAGISTRATE JUDGE
matter is before the Court on
Plaintiff's Motion to Proceed without
Prepayment of Fees (ECF No. 4). For the reasons set forth
below, Plaintiff's Motion to proceed in forma
pauperis (ECF No. 4) is
28 U.S.C. § 1915(a), the Court has the
discretion to authorize the filing of a civil case
“without prepayment of fees or security thereof, by a
person who submits an affidavit that . . . the person is
unable to pay such fees or give security thereof.”
“Proceeding in forma pauperis in a civil case
‘is a privilege, not a right-fundamental or
otherwise.'” To determine whether a party is eligible
to file without prepayment of the fee, the Court commonly
reviews the party's financial affidavit and compares his
or her monthly expenses with the monthly income disclosed
the Tenth Circuit Court of Appeals and this Court have a
liberal policy toward permitting proceedings in forma
pauperis. Particularly in civil cases for damages,
“courts should grant the privilege ‘sparingly,
'” but when considering such an application,
the court must neither act arbitrarily nor deny the
application on erroneous grounds.
Court has carefully reviewed Plaintiff's affidavit of
financial status attached to the Motion (ECF No. 4-1, pp.
1-6). The affidavit shows Plaintiff is currently unemployed.
And, after a comparison of the listed monthly income to
monthly expenses, the Court finds Plaintiff is financially
unable to pay the filing fee. The Court notes Plaintiff is
represented by an attorney in this action. However,
considering social security attorneys work on a contingency
fee basis, the Court does not take Plaintiff's ability to
hire a lawyer into account as she is not obligated to pay her
attorney unless, and until, she is successful, and even then,
the attorney's fee would likely come out of
Plaintiff's award,  or be paid by Defendant.
IS THEREFORE ORDERED that Plaintiff's Motion to
Proceed without Prepayment of Fees (ECF No.
4) is GRANTED. Because Plaintiff
proceeds in forma pauperis, the clerk of the court
shall take the appropriate steps to serve Defendant with the
summons and Complaint as provided under 28 U.S.C. §
1915(d) and Fed.R.Civ.P. 4(c)(3).
IS SO ORDERED.
 Barnett ex rel. Barnett v. Nw.
Sch., No. 00-2499, 2000 WL 1909625, at *1 (D. Kan. Dec.
26, 2000) (citing Cabrera v. Horgas, 173 F.3d 863,
at *1 (10th Cir. April 23, 1999)).
 Id. (quoting White v.
Colorado, 157 F.3d 1226, 1233 (10th Cir. 1998)).
 Alexander v. Wichita Hous.
Auth., No. 07-1149-JTM, 2007 WL 2316902, at *1 (D. Kan.
Aug. 9, 2007) (citing Patillo v. N. Am. Van Lines,
Inc., No. 02-2162-JWL-DJW, 2000 WL 1162684, at *1) (D.
Kan. Apr. 15, 2002) and Webb v. Cessna Aircraft, No.
00-2229-JWL-DJW, 2000 WL 1025575, at *1 (D. Kan. July 17,
 Mitchell v. Deseret Health Care
Facility, No. 13-1360-RDR-KGG, 2013 WL 5797609, at *1
(D. Kan. Sept. 30, 2013) (citing, generally, Yellen v.
Cooper, 828 F.2d 1471 (10th Cir. 1987)).
Patillo v. N. Am. Van Lines,
Inc., No. 02-2162, 2002 WL 1162684, at *1 (D. Kan. Apr.
15, 2002) (citing Buggs v. Riverside Hosp., No.
97-1088-WEB, 1997 WL 321289, at ...