Thomas v. Solda

Filing 6

ORDER GRANTING Petitioner's Application to Proceed In Forma Pauperis 2 , signed by Magistrate Judge Erica P. Grosjean on 1/27/16. (Hellings, J)

1
2
3
4
5
6
7
8

UNITED STATES DISTRICT COURT

9

EASTERN DISTRICT OF CALIFORNIA

10
11

RAYSHON THOMAS,

Case No. 1:16-cv-00117- EPG-HC
ORDER GRANTING PETITIONER’S
APPLICATION TO PROCEED IN FORMA
PAUPERIS

Petitioner,

12
13

v.

14

J. SOLDA, et al.,

15

(ECF No. 2)

Respondents.

16
17

Petitioner Rayshon Thomas is a Madera County jail inmate proceeding pro se with a

18 petition for writ of mandamus pursuant to 28 U.S.C. § 1651. On January 11, 2016, Petitioner
19 filed the instant petition in the Sacramento Division of the United States District Court for the
20 Eastern District of California. (ECF No. 1). On January 25, 2016, the Sacramento Division
21 transferred the action to this Court. (ECF No. 4).
22

Petitioner has filed an application to proceed in forma pauperis. (ECF No. 2). In order to

23 proceed in court without prepayment of the filing fee, Petitioner must submit an affidavit
24 demonstrating that he “is unable to pay such fees or give security therefor.” 28 U.S.C. §
25 1915(a)(1). Although there is no set formula to determine whether a certain income level meets
26 the poverty threshold under § 1915(a)(1), courts have looked to the federal poverty guidelines
27 developed each year by the Department of Health and Human Services. See Lint v. City of
28 Boise, Civil Action No. 09-72-S-EJL, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009);

1

1 Johnson v. Leohane, Civil Action No. 08-00432-ACK-KSC, 2008 WL 4527065, at *1 (D. Haw.
2 Oct. 9, 2008); Johnson v. Spellings, 579 F.Supp.2d 188, 191 (D.D.C. 2008).
3

The Court has evaluated whether Petitioner meets the standard to proceed in forma

4 pauperis according to 28 U.S.C. § 1915. Based upon the information in his application to
5 proceed in forma pauperis, the Court finds that Petitioner is indigent and unable to pay the filing
6 fee. Accordingly, Petitioner’s application to proceed in forma pauperis is GRANTED.
7
8
9

IT IS SO ORDERED.
Dated:

January 27, 2016

/s/
UNITED STATES MAGISTRATE JUDGE

10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28

2