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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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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NICOLE D. PRATER,

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No. 2:17-cv-01079-MCE-CKD (PS)

Plaintiff,

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v.

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MEDLINE, et al.,

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ORDER

Defendant.

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

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she states that her gross wages are $1640.00 every two weeks, i.e., $42,640 annually.1 (ECF No.

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2.) According to the United States Department of Health and Human Services, the poverty

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guideline for a household of 1 person not residing in Alaska or Hawaii is $12,060.00 for 2017.

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See https://aspe.hhs.gov/poverty-guidelines. Thus, plaintiff’s gross household income is in

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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

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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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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
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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: August 24, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/ps.17-1079.prater.ifp.den

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