Stafford v. Wash

Filing 4

ORDER DENYING Application to Proceed in Forma Pauperis 3 , signed by Magistrate Judge Stanley A. Boone on 11/18/14: 30-Day Deadline. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MATHEW STAFFORD,

Case No. 1:14-cv-01791---SAB

Plaintiff,

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v.

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ORDER DENYING APPLICATION TO
PROCEED IN FORMA PAUPERIS

JOHN WASH,

(ECF No. 3)
Defendant.

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On November 14, 2014, Plaintiff Mathew Stafford (“Plaintiff”) filed the complaint in this

18 action. (ECF No. 1.)

Plaintiff filed an application to proceed in forma pauperis without

19 prepayment of the filing fee on the same day. (ECF No. 3.)
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In order to proceed in court without prepayment of the filing fee, Plaintiff must submit an

21 affidavit demonstrating that he “is unable to pay such fees or give security therefor.” 28 U.S.C.
22 § 1915(a)(1). In assessing whether a certain income level meets the poverty threshold under
23 Section 1915(a)(1), courts look to the federal poverty guidelines developed each year by the
24 Department of Health and Human Services. See, e.g., Lint v. City of Boise, No. CV09-72-S25 EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009) (and cases cited therein).
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Plaintiff’s application states that there are no other persons who depend upon Plaintiff for

27 support. The 2014 Poverty Guidelines for the 48 contiguous states for a household of one is
28 $11,670.

2014 Poverty Guidelines, http://aspe.hhs.gov/poverty/14poverty.cfm (last visited
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1 August 12, 2014).
Plaintiff states that he earns $1,000 per month from self-employment. Accordingly,

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3 Plaintiff receives $12,000.00 in annual income. Plaintiff also owns a house worth $100,000.
Plaintiff’s application to proceed in forma pauperis demonstrates that Plaintiff is able to

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5 pay the $400.00 filing fee in this action as his reported annual income is higher than the federal
6 poverty level and he owns a house.
Based upon the foregoing, the Court finds that Plaintiff is not eligible to proceed in forma

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8 pauperis under 28 U.S.C. § 1915. Accordingly, it is HEREBY ORDERED that Plaintiff’s
9 application to proceed in forma pauperis is DENIED and Plaintiff shall pay the $400.00 filing fee
10 within thirty (30) days. If the filing fee is not paid within thirty (30) days, this action will be
11 dismissed.
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IT IS SO ORDERED.

14 Dated:

November 18, 2014
UNITED STATES MAGISTRATE JUDGE

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