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Top citers, strongest first. 50 distinct citers.
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discussed
Cited as authority (rule)
David M. H. v. Frank Bisignano, Commissioner of the Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Anthony Green, Jr. v. Frank Bisignano, Commissioner of the Social Security Administration
However, “[t]here is no absolute right to proceed in court without paying a filing fee in civil matters”; rather, “it is a privilege extended to those unable to pay filing fees.” Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988) 1 See a https://www.txwd.uscourts.gov/wp-content/uploads/2022/12/Order-Referring-Social- Security-Cases.pdf. (internal quotes omitted) (citing Startti v. United States, 415 F.2d 1115, 1116 (5th Cir. 1969)).
discussed
Cited as authority (rule)
Joshua Charleston Williams-Bey v. Capital One
DISCUSSION “There is no absolute right to proceed in court without paying a filing fee in civil matters.” Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988) (citing Startti v. United States, 415 F.2d 1115, 1116 (5th Cir.1969)).
cited
Cited as authority (rule)
Hayes v. Ibarra
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
cited
Cited as authority (rule)
ITAX Self Help Tax Co. v. Internal Revenue Service
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
AMALIA MORIN v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION
However, “[t]here is no absolute right to proceed in court without paying a filing fee in civil matters”; rather, “it is a privilege extended to those unable to pay filing fees.” Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988) (internal quotes omitted) (citing Startti v. United States, 415 F.2d 1115, 1116 (5th Cir. 1969)). 1 See https://www.txwd.uscourts.gov/wp-content/uploads/2022/12/Standing-Order-Referring- Social-Security-Cases.pdf.
discussed
Cited as authority (rule)
Armijo Jaramillo v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
cited
Cited as authority (rule)
Montoya v. Albuquerque Police Department
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Johnson v. Short Staffed Inc.
Courts must redetermine eligibility for in forma pauperis “status each time a new petition is filed.” Holmes v. Hardy, 852 F.2d 151, 153 (Sth Cir. 1988) (citing Carter v. United States, 733 F.2d 735, 737 (10th Cir. 1984)).
discussed
Cited as authority (rule)
Seber v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
cited
Cited as authority (rule)
Tun-Aung Min v. Ou
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Sandoval v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Cook v. Social Security Administration
Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Abeyta v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Jones v. High Plains HCA, LLC
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Garcia v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Estrada v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Aguirre v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Zavala v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
cited
Cited as authority (rule)
Lopez v. COMPA Industries, Inc.
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Hoeke v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Nissen v. POTUS
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x. 879, 884 (10th Cir. 2010)(citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)).1 “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Montoya v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Cook v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Jones v. San Juan Regional Medical Center, Inc.
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Granger v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
cited
Cited as authority (rule)
Deweese v. NMCYFD
App’x. 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Clark v. Doe
Objection at 1. 28 U.S.C. § 1915 (a) allows for the commencement of a civil action without prepayment of fees if “the person is unable to pay such fees or give security therefor.” District courts have “broad discretion in determining whether to grant or deny an application to proceed in forma pauperis,” and applications “should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (Sth Cir. 1988)).
discussed
Cited as authority (rule)
Copelin v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Emerald v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
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Cited as authority (rule)
Reeves v. Reeves
However, if an unpublished opinion or order and judgment has persuasive value evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Currier v. City of Santa Fe, NM
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.]” Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010)(unpublished)2(quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008)(unpublished)(citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)). “‘The statute [allowing a litigant to proceed in for…
discussed
Cited as authority (rule)
Chavez v. Dona Ana District Attorneys
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
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Cited as authority (rule)
Reeves v. Reeves
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Reeves v. Pope Agustine of Rome
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Ortiz v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Benavidez v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Zambrano v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
O'Connor v. Wells Fargo
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Willie v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
De La O Jr. v. Federal Communications Commission
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (quoting Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Garner v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
De La O v. Centers for Disease Control
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Smallwood v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Rael v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
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Cited as authority (rule)
Cory v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Manzanares v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Soderberg v. Social Security Administration
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 F. App’x 879, 884 (10th Cir. 2010) (unpublished) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962)). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant’s present financial status.” Scherer v. Kansas, 263 F. App’x 667, 669 (10th Cir. 2008) (unpublished) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir. 1988)).
discussed
Cited as authority (rule)
Crumbley v. Crumbley
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
discussed
Cited as authority (rule)
Kongwa v. Enterprise Solutions, Inc.
Thereafter, if the court finds that the allegations of poverty are untrue or that the action is frivolous or malicious, it may dismiss the case[.] Menefee v. Werholtz, 368 Fed.Appx. 879, 884 (10th Cir. 2010) (citing Ragan v. Cox, 305 F.2d 58, 60 (10th Cir. 1962). “[A]n application to proceed in forma pauperis should be evaluated in light of the applicant's present financial status.” Scherer v. Kansas, 263 Fed.Appx. 667, 669 (10th Cir. 2008) (citing Holmes v. Hardy, 852 F.2d 151, 153 (5th Cir.1988)).
Retrieving the full opinion text from the archive…
Billy HOLMES, A/K/A Bill Richards and Daniel Johnson, Plaintiffs-Appellants,
v.
Ray HARDY, Et Al., Defendants-Appellees
v.
Ray HARDY, Et Al., Defendants-Appellees
88-2264.
Court of Appeals for the Fifth Circuit.
Aug 16, 1988.
Billy Holmes, a/k/a Billy Richards, Huntsville, Tex., pro se., Daniel Johnson, Huntsville, Tex., pro se., Ann Hardy, Asst. Co. Atty., Houston, Tex., for defendants-appellees.
Reavley, King, Jolly.
Cited by 89 opinions | Published
PER CURIAM:
The plaintiffs Billy Holmes and Daniel Johnson, Texas prisoners, complain that defendant Ray Hardy, clerk of the state court of Harris County, Texas, violated their fourteenth amendment due process and equal protection rights and their first amendment right of access to the courts when he formally challenged their in for-ma pauperis status in a previous lawsuit. The district court granted the defendants’ motion for summary judgment and dismissed this case with prejudice for failure to state a cause of action under Fed.R. Civ.P. 12(b)(6) and for frivolousness under 28 U.S.C. § 1915(d). We affirm.
I
In October 1983, while in a Texas prison, Billy Holmes filed malpractice charges in Harris County Court against his former defense attorney. Ray Hardy, clerk of the Harris County court, contested Holmes’ in forma pauperis (“IFP”) status under Rule 145, Tex.R.Civ.P.Ann. (Vernon 1982). Rule 145 provides that a state court clerk may challenge the IFP status of litigants. [1] In January 1984, Daniel Johnson, another Texas prison inmate, filed suit against the Harris County Rehabilitation Center for alleged negligence in medical treatment. Hardy also contested Johnson’s IFP status under Rule 145. In both cases, Hardy’s challenges were overruled, and Hardy served process on the state court defendants in compliance with his official duties. In November 1983, however, Holmes filed this suit against Harris County and Ray Hardy for alleged first and fourteenth amendment violations. Johnson intervened in February 1984. The district court grant[*153] ed Harris County and Hardy summary judgment in December 1987. The plaintiffs appeal.
II
On appeal the plaintiffs note that a Rule 145 challenge is not mandatory and argue that Hardy intentionally and in bad faith sought to deny the plaintiffs access to the courts. In support of this claim, they contend that the affidavits of indigency that they filed were extensive, and that in past judicial proceedings they had been granted the status of paupers. Hardy, they argue, should have deferred to these prior judicial decisions, and his failure to do so, especially in the light of their extensive affidavits, constituted bad faith conduct that amount to a violation of their constitutional rights.
The appellants’ contentions have no merit. There is no absolute right to proceed in court without paying a filing fee in civil matters. Startti v. United States, 415 F.2d 1115, 1116 (5th Cir.1969). “[Rjather it is a privilege extended to those unable to pay filing fees when the action is not frivolous or malicious.” Id. It is clear that Hardy had a statutory right to challenge their claim of indigency. Certainly, the plaintiffs do not have a constitutional right to receive IFP status without a contested judicial determination of whether they can afford to pay court costs and filing fees. Furthermore, past decisions regarding one’s pauper status are not determinative of one’s present financial condition. Indeed, under 28 U.S.C. § 1915(a), a federal court should redetermine IFP status each time a new petition is filed, Carter v. United States, 733 F.2d 735, 737 (10th Cir.1984), and there is no reason that such rationale does not apply in this case. Thus, Hardy violated no constitutional rights of the plaintiffs when he challenged their IFP status, and the judgment denying. their claims and dismissing the complaint is
AFFIRMED.
1
. An IFP challenge immunizes the clerk from any personal liability that he might incur for failure to collect and deposit filing and service fees. See generally Harris County v. Schoebacher, 594 S.W.2d 106, 109-10 (Tex.Civ.App.-Houston [1st Dist.] 1979, writ ref'd n.r.e.).