Ristau et al v. Guardians of El Dorado County et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 08/28/17 ORDERING that Mr. Leonard's 2 Motion to Proceed IFP is DENIED without prejudice. Within 28 days, plaintiffs shall either (a) pay the applicable filing fee or (b) each file an IFP application that adequately demonstrates that each plaintiff is unable to pay the filing fee. Plaintiffs' failure to either pay the filing fee or file sufficient IFP applications by the above deadline will result in a recommendation that the action be dismissed. (Benson, A.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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RISTAU, et al.,

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Plaintiffs,

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No. 2:17-cv-00574-MCE-KJN (PS)

v.

ORDER

GUARDIANS OF EL DORADO
COUNTY, et al.,
Defendants.

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On March 17, 2017, plaintiffs Janet L. Ristau, Steven A. Leonard, Robert J. Ristau, and

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Karen L. Ristau, proceeding without counsel, filed this action.1 (ECF No. 1.) Simultaneously,

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plaintiff Steven A. Leonard requested leave to proceed in forma pauperis pursuant to 28 U.S.C. §

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1915. (ECF No. 2.) In his affidavit, Mr. Leonard attests that his gross monthly income is $650.

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(Id.) He also attests that he has received other disability or worker’s compensation payments in

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the past year, without indicating the amount he has received. (Id.)

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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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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
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action “without prepayment of fees or security therefor” by a person that is unable to pay such

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fees or provide security therefor. 28 U.S.C. § 1915(a)(1).

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Mr. Leonard’s request to proceed in forma pauperis does not sufficiently demonstrate that

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he is unable to pay the initial filing fee because he has not clearly explained the amount of income

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he has received in the past year. Furthermore, none of the other plaintiffs have requested leave to

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proceed in forma pauperis or paid the filing fee.

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Thus, plaintiffs have made an inadequate showing of indigency. See Alexander v. Carson

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Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d

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

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For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Mr. Leonard’s application to proceed in forma pauperis (ECF No. 2) is DENIED
WITHOUT PREJUDICE.
2. Within 28 days of the date of this order, plaintiffs shall either (a) pay the

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applicable filing fee or (b) each file an application to proceed in forma pauperis

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that adequately demonstrates that each plaintiff is unable to pay the filing fee.

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Plaintiffs’ failure to either pay the filing fee or file sufficient applications to

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proceed in forma pauperis by the above deadline will result in a recommendation

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that the action be dismissed pursuant to Federal Rule of Civil Procedure 41(b).

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IT IS SO ORDERED.
Dated: August 28, 2017

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14/ps.17.574.ristau.IFP denial

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