Prater v. Medline et al

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 8/24/2017 DENYING 2 Motion to Proceed IFP; GRANTING the plaintiff fourteen (14) days to submit the appropriate filing fees to the Clerk of Court; CAUTIONING the plaintiff that a failure to comply with this order will result in a recommendation that this action be dismissed without prejudice. (Michel, G.)

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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 NICOLE D. PRATER, 12 No. 2:17-cv-01079-MCE-CKD (PS) Plaintiff, 13 v. 14 MEDLINE, et al., 15 ORDER Defendant. 16 Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which 17 18 she states that her gross wages are $1640.00 every two weeks, i.e., $42,640 annually.1 (ECF No. 19 2.) According to the United States Department of Health and Human Services, the poverty 20 guideline for a household of 1 person not residing in Alaska or Hawaii is $12,060.00 for 2017. 21 See Thus, plaintiff’s gross household income is in 22 excess of 350% of the 2017 poverty guideline. Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 23 24 in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for 25 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 26 action “without prepayment of fees and costs or security therefor, by a person who makes 27 28 1 This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21). 1 1 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). The 2 amount of plaintiff’s income shows that plaintiff is able to pay the filing fee and costs. Thus, 3 plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High 4 Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th 5 Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 6 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days in which 7 to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay 8 the filing and general administrative fees in the amount of $400 will result in a recommendation 9 that the application to proceed in forma pauperis be denied and the instant action be dismissed 10 without prejudice. 11 Dated: August 24, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 12 13 14 14/ps.17-1079.prater.ifp.den 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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