Ortiz v. Enhanced Recovery Company et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/22/17 ORDERING that Plaintiff is GRANTED fourteen days in which to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay the filing and general administrative fees in the amount of $400 will result in a recommendation that the application to proceed in forma pauperis be denied and the instant action be dismissed without prejudice.(Mena-Sanchez, L)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 RENE ORTIZ, 12 Plaintiff, 13 14 15 No. 2:17-cv-0567 MCE CKD PS v. ORDER ENHANCED RECOVERY COMPANY, et al., Defendants. 16 17 Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which 18 19 she states that her monthly gross wages are $2775.20 and her take home pay is $1351.19. 20 Plaintiff also receives monthly VA compensation but declines to state the amount. Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 21 22 in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for 23 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 24 action “without prepayment of fees and costs or security therefor, by a person who makes 25 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). The 26 amount of plaintiff’s income shows that plaintiff is able to pay the filing fee and costs. Thus, 27 plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High 28 ///// 1 1 Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th 2 Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 3 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days in which 4 to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay 5 the filing and general administrative fees in the amount of $400 will result in a recommendation 6 that the application to proceed in forma pauperis be denied and the instant action be dismissed 7 without prejudice. 8 Dated: March 22, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 9 10 11 12 4 ortiz0567.ifp.den 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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