Steiner v. Verizon Wireless

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 7/25/2013 DENYING, without prejudice, plaintiff's 2 application to proceed IFP; within 28 days, plaintiff shall pay the filing fee or file an amended application to proceed ifp. (Yin, K)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MABLE STEINER,

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Plaintiff,

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No. 2:13-cv-1457-JAM-KJN PS

v.
VERIZON WIRELESS,

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ORDER

Defendant.

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Plaintiff Mable Steiner, proceeding in this action without counsel, has requested leave to

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proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 2.)1
Plaintiff’s declaration in support of her application to proceed in forma pauperis states that

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she has no dependents and that she is receiving worker’s compensation payments of $529.00

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every two weeks, as well as widow benefits of $1,199.00 per month, which translates to gross

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income of approximately $28,142.00 per year.2 (ECF No. 2.) Plaintiff also owns a 2006 Buick

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LaCrosse, which is valued at $6,000.00 and on which she is making car payments. (Id.)

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According to the United States Department of Health and Human Services, the poverty guideline

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for a person with no dependents (and not residing in Alaska or Hawaii) is $11,490 for 2013. See

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This case proceeds before the undersigned pursuant to E.D. Cal. L.R. 302(c)(21) and 28 U.S.C.
§ 636(b)(1).

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($529.00 x 26 weeks) + ($1,199.00 x 12 months) = $28,142.00
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http://aspe.hhs.gov/poverty/13poverty.cfm. Thus, with an annual income of approximately

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$28,142.00, plaintiff’s income is considerably more than 200% of the 2013 poverty guideline.

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Presently, a filing fee of $400 is required to commence a civil action in this court. The

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court may authorize the commencement of an action “without prepayment of fees or security

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therefor” by a person that is unable to pay such fees or provide security therefor. 28 U.S.C. §

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1915(a)(1). Here, while the court is sympathetic to the fact that plaintiff does not earn a

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substantial amount of annual income and has other expenses to pay, plaintiff’s declaration

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nonetheless shows that she earns over 200% of the 2013 poverty guideline. Thus, plaintiff has

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made an inadequate showing of indigency. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir.

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1995); Alexander v. Carson Adult High Sch., 9 F.3d 1448, 1449 (9th Cir. 1993).

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For the foregoing reasons, IT IS HEREBY ORDERED that:

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1.

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Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is denied without
prejudice.

2. Within 28 days of this order, plaintiff shall pay the applicable filing fee or file an

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amended application demonstrating her entitlement to proceed in forma pauperis if she

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can do so in good faith. Plaintiff’s failure to pay the filing fee or file an amended

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application by the above deadline will result in a recommendation that plaintiff’s

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complaint be dismissed without prejudice pursuant to Federal Rule of Civil Procedure

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41(b).

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IT IS SO ORDERED.
Dated: July 25, 2013

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