Brown v. Jewell et al

Filing 5

ORDER signed by Magistrate Judge Carolyn K. Delaney on 4/6/16: The March 30, 2016 order 4 is vacated. Plaintiff is granted fourteen days in which to submit the appropriate fees to the Clerk of the Court. (Kaminski, H)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MARILEE BROWN,

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Plaintiff,

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No. 2:16-cv-0637 MCE CKD PS

v.

ORDER

SALLY JEWELL,

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Defendant.

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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit1 in which

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she states that she receives an annual disability annuity in the amount of $30,000 per year, owns

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ten acres of land in Nevada, for which she paid $40,000 25 years ago, but which has lost value

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due to the recession, and owns a home in California bought in 2004 with a remaining mortgage of

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$150,750. Plaintiff also indicates that she has almost $7,000 in cash reserves in her bank

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accounts and has a Thrift Savings Plan account and sums in an IRA but does not indicate the

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amounts held in those accounts.

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After issuance of the court’s March 30, 2016 order directing plaintiff to file a completed in
forma pauperis application, the Clerk of Court corrected the image visible on the court’s docket
of plaintiff’s motion to proceed in forma pauperis. ECF Nos. 2 (Main Document 2 replaced on
4/4/2016). The court will therefore vacate the March 30, 2016 order and has based the
determination herein on the corrected image.
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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 disability income and assets show that plaintiff is able to pay the filing fee

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and costs. Thus, plaintiff has made an inadequate showing of indigency. See Alexander v.

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Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939

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F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994).

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Accordingly, IT IS HEREBY ORDERED that:

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1. The March 30, 2016 order (ECF No. 4) is vacated; and

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2. Plaintiff is granted fourteen days in which to submit the appropriate fees to the Clerk of

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the Court. Plaintiff is cautioned that failure to pay the filing and general administrative fees in the

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amount of $400 will result in a recommendation that the application to proceed in forma pauperis

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be denied and the instant action be dismissed without prejudice.

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Dated: April 6, 2016

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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4 brown0637.ifp.den

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