Jackson v. San Joaquin County et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 1/14/15. Plaintiff is granted 14 days in which to pay the appropriate fees in the amount of $400 to the Clerk of the Court. (Manzer, C)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ALICIA JACKSON,

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No. 2:15-cv-0065 JAM CKD PS

Plaintiff,
v.

ORDER

SAN JOAQUIN COUNTY, et al.,
Defendants.

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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which
she states that her monthly take home pay is $2,280.
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

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in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for

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civil cases must be paid. 28 U.S.C. § 1914(b). 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 fourteen days in which to submit the appropriate fees to the Clerk of the Court.
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Plaintiff is cautioned that failure to pay the filing and general administrative fees in the amount of

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$400 will result in a recommendation that the application to proceed in forma pauperis be denied

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and the instant action be dismissed without prejudice.

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Dated: January 14, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 jackson-sanjoaquin.ifp.den

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