Mitchell v. Sacramento County Behavioral Health

Filing 3

ORDER signed by Magistrate Judge Allison Claire on 4/28/15 ORDERING that plaintiffs 2 motion to proceed in forma pauperis is DENIED. Plaintiff must file either a second application to proceed in forma pauperis or the appropriate filing fee to the Clerk within 20 days. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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HURSEL FLOYD MITCHELL,

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No. 2:15-cv-00744-KJM-AC

Plaintiff,
v.

ORDER

SACRAMENTO COUNTY
BEHAVIORAL HEALTH,
Defendant.
Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit that is

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largely unreadable. ECF No. 2. The affidavit claims gross pay or wages of $2,899.00 but fails to

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specify the corresponding pay period, and fails to provide a take-home amount. Plaintiff also

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indicates that he has some income from business or self-employment, but omits details. His

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responses to other questions are illegible and do not include the requested figures. 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). Plaintiff’s affidavit,

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however, is simply not complete. Plaintiff does not state during what period he earns $2,899.00,
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nor does he state how much income he earns from business or self-employment. Accordingly,

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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).

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Plaintiff will therefore be granted twenty (20) days in which to file a second application to

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proceed in forma pauperis or submit the appropriate filing fee to the Clerk of the Court. If

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plaintiff decides to file a second application he must ensure that it is readable. Plaintiff is

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cautioned that failure to either pay his fee or file a second application will result in a

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recommendation that the instant action be dismissed without prejudice.

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Accordingly, IT IS HEREBY ORDERED that plaintiff’s motion to proceed in forma

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pauperis, ECF No. 2, is DENIED. Plaintiff must file either a second application to proceed in

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forma pauperis or the appropriate filing fee to the Clerk of the Court within twenty (20) days.

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DATED: April 28, 2015

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