Order Denying In Forma Pauperis Application — Kengne v. ID.me, Inc.

Summary

Order, Document 2 in Kengne v. ID.me, Inc. and Cogency Global, Inc., Civil Action File No. 1:22-cv-02237-SEG, in the United States District Court for the Northern District of Georgia, Atlanta Division, filed June 8, 2022. Plaintiff, proceeding without counsel, asked for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1). The order reviews the affidavit of poverty, which reports an average monthly income of $7,500, and finds that Plaintiff has sufficient means to pay the $402 filing fee. It denies the request and orders payment of the fee within 21 days, and the Clerk is directed to re-submit the matter on July 6, 2022. A footnote says it is doubtful that the statutes Plaintiff cites provide any individual right of action in federal court.

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Case 1:22-cv-02237-SEG Document 2 Filed 06/08/22 Page 1 of 3

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF GEORGIA
ATLANTA DIVISION

RAISSA DJUISSI KENGNE,
Plaintiff,
v.

CIVIL ACTION FILE
NO. 1:22-cv-02237-SEG

ID.me, INC., and COGENCY
GLOBAL, INC.,
Defendants.

ORDER
Plaintiff, proceeding without counsel, seeks leave to file this civil action in
forma pauperis (“IFP”), without prepayment of fees and costs or security therefor,
pursuant to 28 U.S.C. § 1915(a)(1). [Doc. 1, Application].
The affidavit of poverty submitted by Plaintiff indicates that over the past twelve
months, Plaintiff has earned an average monthly income of $7,500 from her
employment and retirement, which amounts to $90,000 on an annual basis. [Doc. 1
at 1–2]. Before she left her most recent employment, she was earning $9,583.00 per
month. She does not list any children or a spouse that rely on her for support. [Id. at
3]. She reports that she owns a condominium valued at approximately $500,000, a
land lot worth $55,000, and an abandoned house worth approximately $200,000. [Id.].

AO 72A
(Rev.8/82)

Case 1:22-cv-02237-SEG Document 2 Filed 06/08/22 Page 2 of 3

Plaintiff has estimated her total monthly expenses at approximately $13,125.00. [Id.
at 5].
Plaintiff’s allegations of poverty are not fully supported by the record. With an
annual income of approximately $90,000, Plaintiff is well above the poverty level.1
Although Plaintiff lists average monthly expenses of $13,125.00, some of the
discretionary amounts for one person seem unnecessarily high, such as $1000 for food,
$200 for laundry and dry cleaning, and $6000 to Bank of America, Citi Bank, and
American Express. [Doc. 1 at 4].
Although Plaintiff may have limited funds, and may have other priorities for
those funds, I believe that she is able to pay the required $402 filing fee and should do
so if she wishes to pursue this case. For the reasons stated, I find that Plaintiff has
sufficient means to pay the filing fee and incur the costs of these proceedings. Thus,
Plaintiff’s request to proceed IFP is DENIED.
If Plaintiff wishes to proceed with this action, she is ORDERED to pay the
appropriate filing fee to the Clerk within 21 days of the date of this Order.2 Thereafter,
1

See https://aspe.hhs.gov/poverty-guidelines (last visited June 8, 2022).

2

Before she does so, however, the Court notes–from its initial review of
Plaintiff’s proposed complaint–that it is doubtful any of the federal and state statutes
cited by Plaintiff provide any individual right of action in federal court. Should
2

AO 72A
(Rev.8/82)

Case 1:22-cv-02237-SEG Document 2 Filed 06/08/22 Page 3 of 3

Plaintiff must effect service of the summons and complaint upon the defendants in
accordance with the Federal Rules of Civil Procedure. Failure to pay the filing fee
may result in a recommendation that this action be dismissed.

The Clerk is

DIRECTED to re-submit this matter to me on July 6, 2022.
IT IS SO ORDERED, this 8th day of June, 2022.

CATHERINE M. SALINAS
UNITED STATES MAGISTRATE JUDGE

Plaintiff seek to proceed with her lawsuit, she should first endeavor to ensure that she
alleges a valid claim and that federal and/or diversity jurisdiction exists. Otherwise,
her complaint may be subject to dismissal for failure to state a plausible claim and/or
lack of subject matter jurisdiction.
3

AO 72A
(Rev.8/82)



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