Cramer v. City of Auburn et al

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 3/20/2015 DENYING plaintiff's 2 Motion to Proceed In Forma Pauperis. Within 20 days from date of this Order, plaintiff shall submit appropriate filing fee. (Marciel, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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DAVID CRAMER,

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No. 2:15-cv-00462-KJM-AC

Plaintiff,
v.

ORDER

CITY OF AUBURN, et al.,
Defendants.

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

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states that he is self-employed, but does not reveal his wages. ECF No. 2. Plaintiff’s application

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also states that he has $32,000.00 in in cash or in a checking or savings account. Id.

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The court finds that plaintiff’s affidavit fails to establish that he is unable to pay the

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court’s filing fee and accordingly denies his application to proceed in forma pauperis. Pursuant to

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

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court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action “without

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prepayment of fees and costs or security therefor, by a person who makes affidavit that he is

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unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). The amount plaintiff

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has in cash and/or a bank account 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 (20) days in which to submit the appropriate filing fee to the Clerk of the

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Court. 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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Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date of this

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order, plaintiff shall submit the appropriate filing fee.

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DATED: March 20, 2015

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