Espino v. Liberty Mutual Insurance Company et al

Filing 4

ORDER signed by Judge Kimberly J. Mueller on 7/18/06 ORDERING that, within 20 days from the date of this order, pltf shall submit the appropriate filing fee. (Kastilahn, A)

Download PDF
(PS) Espino v. Liberty Mutual Insurance Company et al Doc. 4 Case 2:06-cv-01523-RRB-KJM Document 4 Filed 07/19/2006 Page 1 of 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 vs. LIBERTY MUTUAL INSURANCE CO., et al., Defendants. / Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which he states that his monthly income from social security and workers compensation benefits is $4900. Plaintiff also states that he owns property with equity of $193,000. As provided by federal statute, a filing fee of $350.00 is required to commence a civil action in federal district court. 28 U.S.C. 1914(a). The court may authorize the comm encement of an action "without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor." 28 U.S.C. 1915(a). The amount of plaintiff's earnings shows that plaintiff is able to pay the filing fee and costs. Thus, plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men's Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 1 Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA CARLOS ESPINO, Plaintiff, CIV S-06-1523 DFL KJM PS ORDER Case 2:06-cv-01523-RRB-KJM Document 4 Filed 07/19/2006 Page 2 of 2 1 2 3 4 5 6 7 8 9 10 11 12 Plaintiff will therefore be granted twenty days in which to submit the appropriate filing fee to the Clerk of the Court. Plaintiff is cautioned that failure to pay the fee will result in a recommendation that the application to proceed in forma pauperis be denied and the instant action be dismissed without prejudice. Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date of this order, plaintiff shall submit the appropriate filing fee. DATED: July 18, 2006. ______________________________________ UNITED STATES MAGISTRATE JUDGE 006 13 14 15 16 17 18 19 20 21 22 23 24 25 26 espino .den 2

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?