Snider v. Yates
6:13-cv-01330
D. Kan.Sep 13, 2013Background
- Plaintiff Vaughn L. Snider filed a federal discrimination complaint and an application to proceed in forma pauperis (IFP) with an affidavit of financial status.
- Snider is 59, single, employed with a small take-home wage, and receives a significant monthly Social Security benefit.
- He owns no real property, owns a modest vehicle outright, and lists monthly expenses (rent, food, insurance, gas) that exceed his income.
- He has some cash on hand sufficient to cover the shortfall for only a few months and has never filed bankruptcy.
- The court reviewed the affidavit under 28 U.S.C. § 1915(a) and the relevant liberal policy favoring access to courts for indigent litigants.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Snider is entitled to proceed without prepayment of fees under 28 U.S.C. § 1915(a) | Snider’s affidavit shows monthly expenses exceed income and limited assets, demonstrating indigence | No opposing argument in the record / defendant did not contest IFP application | Granted — court found affidavit established entitlement to IFP and ordered case filed without fee |
Key Cases Cited
- Yellen v. Cooper, 828 F.2d 1471 (10th Cir. 1987) (recognizes a liberal policy toward permitting proceedings in forma pauperis to ensure access to the courts)