Davis v. Commissioner of Social Security

Filing 4

ORDER signed by Magistrate Judge Kendall J. Newman on 1/27/2015 DENYING 2 Plaintiff's motion to proceed in forma pauperis is DENIED; Within 28 days of this order, plaintiff shall pay the applicable filing fee; However, the court will entertain a request for a reasonable extension of time to pay the fee should such an extension be necessary; Failure to timely pay the filing fee, or timely request an extension of time to do so, may result in a recommendation of dismissal of the action pursuant to FRCP 41(b). (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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CHRYSTIE MORT DAVIS,

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Plaintiff,

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No. 2:14-cv-2853-KJN

v.
COMMISSIONER OF SOCIAL
SECURITY,

ORDER

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Defendant.

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Presently pending before the court is plaintiff’s motion for leave to proceed without the

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prepayment of fees and costs, also referred to as in forma pauperis, pursuant to 28 U.S.C. §

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1915.1 (ECF No. 2.) The affidavit in support of the motion states, inter alia, that plaintiff has

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$3,000.00 in a checking account; owns a 2003 Pontiac Vibe and 2001 Dodge Ram of unknown

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value; and has investment accounts (stocks/Roth IRA/regular IRA) with a last-known value of

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approximately $500,000.00. Plaintiff has no dependents.
Presently, a filing fee of $400.00 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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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).

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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, the court cannot find that plaintiff is unable to pay, or provide security for, the

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court filing fee, particularly in light of her substantial investment account assets. The court is

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sympathetic to the fact that funds in those accounts are likely intended for retirement and/or other

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long-term purposes. Nevertheless, the court may not in fairness ignore the funds’ impact on

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plaintiff’s ability to pay the filing fee, particularly when many other litigants with fewer available

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cash assets have been required to pay the filing fee. Indeed, numerous litigants in this court have

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significant monthly expenditures and sometimes face difficult choices as to which expenses to

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incur, which expenses to reduce or eliminate, and how to apportion their income between such

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expenses and litigating an action in federal court. Such difficulties in themselves do not amount

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to indigence. Moreover, the court filing fee of $400.00 is unlikely to significantly impact

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plaintiff’s retirement savings.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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

Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is denied.

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court will entertain a request for a reasonable extension of time to pay the fee should

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such an extension be necessary.

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3. Failure to timely pay the filing fee, or timely request an extension of time to do so,

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may result in a recommendation of dismissal of the action pursuant to Federal Rule of

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Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: January 27, 2015

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