Willie B. Brown, Jr. v. The City of Minneapolis; Michael A. Heyer, Minneapolis...

UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA WILLIE B. BROWN, JR., Case No. 26-CV-0713 (PAM/JFD) Plaintiff, v. ORDER THE CITY OF MINNEAPOLIS; MICHAEL A. HEYER, Minneapolis Police Sgt.; PATRICK BRYAN, Minneapolis Police Officer; SHANY, partner officer of the 4th precinct; HENNEPIN COUNTY; JOHN DOE, HCMC Security Guards, 4-5; JANE DOE, HCMC Security Guards, 1-2; SHALA JACOBSON, Nurse; JANE DOE, Nurse 1, all individually and in their official capacities; SUPERVISORS, individually and in their official capacities; and THE HENNEPIN COUNTY MEDICAL CENTER Defendants.

Plaintiff Willie B. Brown, Jr., a prisoner, has applied for in forma pauperis (“IFP”) status in this proceeding. See Dkt. No. 2. “The central question [when assessing an IFP application] is whether the movant can afford the costs of proceeding without undue hardship or deprivation of the necessities of life.” Ayers v. Tex. Dep’t of Crim. Justice, 70 F.3d 1268, 1268 (5th Cir. 1995) (per curiam). The documents submitted by Mr. Brown show that he has $21,500 in savings available to him from which to pay the $405.00 filing fee in this matter. See IFP Application at 6 [Dkt. No. 2]. This is an extraordinarily substantial amount of liquid assets for any IFP applicant, much less a prisoner whose daily necessities are largely provided for by the state. Mr. Brown could easily pay the filing fee for this matter without any risk of “undue hardship or deprivation of the necessities of life.”

Ayers, 70 F.3d at 1268.

Accordingly, the IFP application is denied. Mr. Brown must pay the $405.00 filing fee within 21 days of the date of this order, failing which it will be recommended that this matter be dismissed without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b).

Mr. Brown is warned that should he elect to pay the filing fee and proceed as a non-IFP litigant, his complaint will remain subject to preliminary review under 28 U.S.C. § 1915A.

The filing fee will not be refunded regardless of whether Mr. Brown’s pleading survives that review.

ORDER Based on the foregoing, and on all of the files, records, and proceedings herein, IT IS HEREBY ORDERED THAT: 1. The application to proceed in forma pauperis of plaintiff Willie B. Brown, Jr. [Dkt. No. 2] is DENIED.

2. Mr. Brown must pay the $405.00 filing fee for this matter within 21 days of the date of this order, failing which it will be recommended that this matter be dismissed without prejudice for failure to prosecute.

Date: February 9, 2026 s/ John F. Docherty John F. Docherty United States Magistrate Judge