Wolkenstein v. Heinrich
2:25-cv-01138
| D. Nev. | Jun 27, 2025Background
- Wendy Wolkenstein and others filed a lawsuit and requested to proceed in forma pauperis (IFP), meaning to have court fees waived due to inability to pay.
- Only Wolkenstein filed the IFP application; her financial statement showed a $70,000 salary, $10,000 annual rental profit, $1,800 in expenses, $1,000 in liquid assets, and $20,000 in stocks.
- The court compared Wolkenstein’s income to federal poverty guidelines and previous denials of IFP for lower incomes.
- The court found her monthly income and assets sufficiently exceed her expenses, indicating an ability to pay the filing fee.
- There was incomplete information on real estate ownership, but the court considered this nonessential since ability to pay was clear regardless.
- The magistrate judge recommended denying IFP status and ordering prompt payment of the filing fee.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for IFP status under 28 U.S.C. §1915 | Inability to pay fees | Plaintiff can pay | IFP application denied; plaintiff must pay filing fee |
Key Cases Cited
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948) (sets standard for inability to pay requirement under IFP statute)
- Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991) (failure to object to R&R may waive right to appeal)