Schneider v. Mckenna

United States District Court for the Southern District of Florida

Schneider v. Mckenna

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

CASE NO. 23-CV-24622-RAR

JEAN-PHILIPPE SCHNEIDER,

Plaintiff,

v.

PAUL A. MCKENNA, et al.,

Defendants. __________________________________________/ ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS THIS CAUSE comes before the Court upon Plaintiff’s Application to Proceed in District Court Without Prepaying Fees or Costs (“Application”) [ECF No. 2], filed on December 11, 2023, seeking to proceed in forma pauperis. The Court has carefully reviewed the Application, as well as the entire record, and is otherwise fully advised in the premises. Courts may authorize a party to proceed in forma pauperis in any suit so long as the party complies with the prescriptions of

28 U.S.C. § 1915

(a). The Court “has wide discretion in denying an application to proceed [in forma pauperis] under

28 U.S.C. § 1915

. This is especially true, the rubric goes, in civil cases for damages, wherein the courts should grant the privilege sparingly.” Martinez v. Kristi Kleaners, Inc.,

364 F.3d 1305, 1306

(11th Cir. 2004) (per curiam) (alteration added) (quoting Flowers v. Turbine Support Div.,

507 F.2d 1242, 1244

(5th Cir. 1972)). The Court’s determination is limited to “whether the statements in the affidavit satisfy the requirement of poverty.”

Id. at 1307

(internal quotation marks omitted) (quoting Watson v. Ault,

525 F.2d 886, 891

(11th Cir. 1976)). Upon review of the Application, the Court is satisfied that Plaintiff should be allowed to proceed in forma pauperis. Accordingly, it is hereby ORDERED AND ADJUDGED that Plaintiff's Application [ECF No. 2] is GRANTED. DONE AND ORDERED in Miami, Florida, this 8th day of December, 2023.

L<—. A. RUIZ II UNITED STATES DISTRICT JUDGE

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