McKenzie v. AT & T Services Inc., et al

Filing 7

ORDER signed by Magistrate Judge Carolyn K. Delaney on 12/1/2015 DENYING plaintiff's 6 Motion to Proceed In Forma Pauperis. Plaintiff is GRANTED 14 days in which to submit appropriate payment of $400 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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KIM McKENZIE,

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No. 2:15-cv-2325 TLN CKD
Plaintiff,

v.

ORDER

PACIFIC BELL TELEPHONE
COMPANY, et al.,
Defendants.

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Plaintiff’s motion to proceed in forma pauperis was referred to the undersigned by minute

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order dated November 10, 2015. Plaintiff has not paid the fee ordinarily required to file an action

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in this court, and filed an incomplete application to proceed without prepayment of fees. See 28

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U.S.C. §§ 1914(a), 1915(a). Plaintiff has now submitted a completed application.

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Plaintiff states that her bi-weekly take home pay is $2,500, that her rent is $1500 and that
she pays utilities of about $400 and other expenses in the amount of $300.
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).

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Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days in which

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to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay

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the filing and general administrative fees in the amount of $400 will result in a recommendation

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that the application to proceed in forma pauperis be denied and the instant action be dismissed

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without prejudice.

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Dated: December 1, 2015

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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