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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERTA BARNETT, 12 13 14 15 16 No. 2:17-cv-01517 TLN CKD Plaintiff, v. ORDER CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, et al., Defendants. 17 18 Plaintiff is proceeding through counsel. Plaintiff has filed an in forma pauperis affidavit 19 in which she states that her monthly take home pay is $2,650.00. The district judge assigned to 20 this action referred plaintiff’s application to proceed in forma pauperis to the undersigned. 21 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 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). 26 In her application, plaintiff attests that she supports two children. Her annual take-home 27 income is calculated at $31,800. According to the 2017 federal poverty guidelines issued by the 28 U.S. Department of Health and Human Services (HHS), a family of three with a yearly income of 1 1 $25,525 is at 125% of the poverty rate. Plaintiff’s income shows that plaintiff is able to pay the 2 filing fee and costs. Thus, plaintiff has made an inadequate showing of indigence. See Alexander 3 v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 4 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 5 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days in which 6 to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay 7 the filing and general administrative fees in the amount of $400 will result in a recommendation 8 that the application to proceed in forma pauperis be denied and the instant action be dismissed 9 without prejudice. 10 Dated: July 25, 2017 _____________________________________ CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 2 / barnett ifp.den 17 18 19 20 21 22 23 24 25 26 27 28 2

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