Celentano v. Sacramento Regional Transit District et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/25/2011. Within 20 days from date of this Order, plaintiff shall submit appropriate filing fee. (Marciel, M)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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GEORGIA CELENTANO,
Plaintiff,

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CIV S-11-1881 KJM CKD PS

vs.

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SACRAMENTO REGIONAL TRANSIT
DISTRICT, et al.,

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Defendants.

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ORDER
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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in

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which she states that her monthly income is $1,290 per month and that she has savings of $1,550.

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action in

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federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an

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action “without prepayment of fees and costs or security therefor, by a person who makes

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affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). The

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amount of plaintiff’s income shows that plaintiff is able to pay the filing fee and costs. Thus,

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plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High

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Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th

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Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). Plaintiff will therefore
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be granted twenty days in which to submit the appropriate filing fee to the Clerk of the Court.

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Plaintiff is cautioned that failure to pay the fee will result in a recommendation that the

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application to proceed in forma pauperis be denied and the instant action be dismissed without

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prejudice.
Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date

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of this order, plaintiff shall submit the appropriate filing fee.

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Dated: August 25, 2011

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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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celentano.den

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