Bartholomew v. Agl Resources

Evelyn Martinez filed a pro se civil rights suit, alleging employment discrimination, under Title VII of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000e-2. R1-2. Martinezs complaint was accompanied by a motion for leave to proceed in forma pauperis ("IFP"), pursuant to 28 U.S.C. § 1915. R1-1. The district court denied Martinezs motion for leave to proceed IFP without explanation. Martinez appealed the district courts ruling, and sought leave to proceed IFP on appeal. The district court denied Martinez leave to proceed on appeal IFP, and dismissed her complaint without prejudice based on her failure to pay the filing fees and timely perfect service on the defendant. We granted Martinez leave to proceed on appeal IFP, finding that the financial affidavit submitted by Martinez to the district court showed only her assets and did not indicate her monthly financial obligations. We hold that the district court abused its discretion by denying Martinezs motion, and vacate and remand with instructions.