Duran v. HSBC Bank, et al.
Filing
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FINDINGS and RECOMMENDATIONS Regarding Denial of Application to Proceed In Forma Pauperis 2 , 4 , signed by Magistrate Judge Dennis L. Beck on 11/2/11. Referred to Judge Ishii. Thirty-Day Deadline. (Gonzalez, R)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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JOHN DURAN,
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Plaintiff,
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v.
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HSBC BANK, et al.,
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Defendants.
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1:11cv01698 AWI DLB
FINDINGS AND RECOMMENDATIONS
REGARDING DENIAL OF APPLICATION TO
PROCEED IN FORMA PAUPERIS
(Documents 2,4)
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Plaintiff John Duran (“Plaintiff”), proceeding pro se, filed this action on October 11,
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2011. On October 18, 2011, Plaintiff submitted an application to proceed in forma pauperis.
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Title 28 U.S.C. § 1915(a)(1) provides that any court of the United States may authorize
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the commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or
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any appeal therein, without prepayment of fees or security therefor, by a person who submits an
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affidavit that includes a statement of all assets the person possesses and that the person is unable
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to pay such fees or give security therefor.
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It has been held that “one need not be absolutely destitute to obtain benefits of the in
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forma pauperis statute.” Jefferson v. U.S.A., 277 F.2d 723, 724 (9th Cir.1960). Yet, a “showing
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of something more than mere hardship must be made.” Martin v. Gulf States Utilities Co., 221
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F.Supp. 757, 759 (W.D.La.1963). And wherever upon the spectrum a complainant may fall, “it
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is proper and indeed essential for the supporting affidavits to state the facts as to affiant’s poverty
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with some particularity, definiteness and certainty.” Jefferson, 277 F.2d at 725.
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In his application, Plaintiff states that he is employed at the California Substance Abuse
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Treatment Center in Corcoran, California. According to his attached pay statement, he earns
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approximately $45,000 gross income per year. Plaintiff owns a home and two cars and supports
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only his spouse.
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Accordingly, the Court finds that Plaintiff has not demonstrated that he is unable to pay
or guarantee costs without sacrificing the necessities of life.
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RECOMMENDATION
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Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s application be
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DENIED and that Plaintiff be ORDERED to pay the $350.00 filing fee.
These Findings and Recommendations will be submitted to the Honorable Anthony W.
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Ishii, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after
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being served with these Findings and Recommendations, Plaintiff may file written objections
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with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings
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and Recommendations.” Plaintiff is advised that failure to file objections within the specified
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time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153
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(9th Cir. 1991).
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IT IS SO ORDERED.
Dated:
3b142a
November 2, 2011
/s/ Dennis L. Beck
UNITED STATES MAGISTRATE JUDGE
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