Clay v. Pacific Bell Telephone Company, et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 5/30/2013. Plaintiff is GRANTED 20 days to submit appropriate filing fee of $400.00 to Clerk. Plaintiff is cautioned that failure to pay fee will result in recommendation that 2 Application to Proceed In Forma Pauperis be denied and instant action be dismissed without prejudice. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JEROME CLAY,

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No. 2:13-cv-1028 GEB CKD PS
Plaintiff,

v.

ORDER

AT&T COMMUNICATIONS, et al.,
Defendants.

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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which he
states that his monthly take home pay is $2,000.

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Pursuant to federal statute, a filing fee of $400.00 is required to commence a civil action

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in 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.

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Dated: May 30, 2013

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 clay1028.den

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