Barnett v. California Department of Motor Vehicles et al

Filing 4

ORDER signed by Magistrate Judge Carolyn K. Delaney on 7/25/2017 GRANTING the plaintiff 14 days to pay the $400 filing fee. Plaintiff is cautioned that failure to pay the $400 will result in a recommendation that the application to proceed in forma pauperis be denied and the instant action be dismissed without prejudice. (Donati, J)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROBERTA BARNETT,

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No. 2:17-cv-01517 TLN CKD

Plaintiff,
v.

ORDER

CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES, et al.,
Defendants.

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Plaintiff is proceeding through counsel. Plaintiff has filed an in forma pauperis affidavit

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in which she states that her monthly take home pay is $2,650.00. The district judge assigned to

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this action referred plaintiff’s application to proceed in forma pauperis to the undersigned.

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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).

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In her application, plaintiff attests that she supports two children. Her annual take-home

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income is calculated at $31,800. According to the 2017 federal poverty guidelines issued by the

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U.S. Department of Health and Human Services (HHS), a family of three with a yearly income of
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$25,525 is at 125% of the poverty rate. Plaintiff’s income shows that plaintiff is able to pay the

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filing fee and costs. Thus, plaintiff has made an inadequate showing of indigence. See Alexander

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

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939 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 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: July 25, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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2 / barnett ifp.den

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