Ortiz v. Georgia Pacific

Filing 3

ORDER ; denying 2 Motion to Proceed IFP; ORDER Requiring Submission of Filing Fee within 30 days, or no later than March 15, 2012. signed by District Judge Lawrence J. O'Neill on 7/2/20112. (Kusamura, W)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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JOSE A. ORTIZ,
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Plaintiff,
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v.
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GEORGIA PACIFIC,
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Defendant.
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_____________________________________ )

1:12-cv-1033 LJO GSA
ORDER DENYING APPLICATION TO
PROCEED WITHOUT PREPAYMENT
OF FEES
(Documents 2)
ORDER REQUIRING SUBMISSION OF
FILING FEE WITHIN THIRTY DAYS,
OR NO LATER THAN MARCH 15, 2012

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Plaintiff Jose Ortiz is proceeding pro se in this civil action, having filed a complaint on
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June 26, 2012. (Doc. 1). That same date, he submitted an application to proceed in forma
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pauperis pursuant to Title 28 of the United States Code section 1915. (Docs. 2). A review of the
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application reveals that Jose Ortiz is the sole wage earner of the household. He is employed at
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Georgia Pacific and his wife, Celia Rivera, does not work. Plaintiff provides support to one son
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who is twenty years of age. Mr. Ortiz’s gross income from his job per month is $3,092.80 and
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his net income from is $2,838.52. The family also receives approximately $ 2,000.00 a month in
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supplemental disability insurance benefits. They currently have $5,000.00 in savings. The
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family’s monthly expenses is approximately $2,765.58 and includes $526.45 for Mr. Ortiz car
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payment for his 2011 Camaro, a $939.13 mortgage payment, $800 in food expenses, $450.00 for

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utilities, and a $50.00 payment to Best Buy.1

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Given the above, Plaintiff Ortiz’s gross income is approximately $4,838.00 monthly

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which is $58,056.00 annually ($4838.00.00 x 12). The federal poverty guidelines provide that a

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annual salary greater than $19,090.00 for a family of three does not fall below the poverty line.

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(See http://aspe.hhs.gov/poverty/12poverty.shtml.) The calculation is made based upon gross

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income. (See http://www.census.gov/hhes/www/poverty/about/overview/measure.html.).

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Therefore, this Court finds Plaintiff is not entitled to proceed without prepayment of the $350.00

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filing fee.

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ORDER

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For the foregoing reasons, Plaintiff’s Application to Proceed Without Prepayment of Fees

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is DENIED. As a result, Plaintiff shall pay the filing fee of $350.00 no later than July 30,

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2012, in order to proceed with this action. Failure to comply with this Order will result in the

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dismissal of this action.

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IT IS SO ORDERED.

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Dated:
66h44d

July 2, 2012

/s/ Lawrence J. O'Neill
UNITED STATES DISTRICT JUDGE

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Plaintiff owns his home that is valued at $160,000.00.

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