Barnett v. California Department of Motor Vehicles et al

Filing 6

ORDER signed by Magistrate Judge Carolyn K. Delaney on 07/27/17 ORDERING that 4 Order is VACATED; 5 Amended Motion to Proceed IFP is GRANTED; the matter is referred back to the assigned district judge for further proceedings. (Benson, A)

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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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Plaintiff,

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No. 2:17-cv-1517 TLN CKD

v.

ORDER

CALIFORNIA DEPARTMENT OF
MOTOR VEHICLES,
Defendant.

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Plaintiff is proceeding through counsel. Plaintiff filed an initial motion and affidavit to

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proceed in forma pauperis on July 21, 2017. (ECF No. 2.) On July 25, 2017, this court denied

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plaintiff’s motion to proceed in forma pauperis.1 (ECF No. 4.) Plaintiff has now submitted a new

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motion and affidavit to proceed in forma pauperis, revising her income to reflect what plaintiff

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receives in disability, rather than the wages she was receiving before February of this year. (ECF

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No 5 at 1.) Plaintiff explained that she “was working until February 22, 2017 and then went on

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disability.” (Id.) According to this revised affidavit, plaintiff’s annual take-home income is

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calculated at $18,768. (Id.) According to the 2017 federal poverty guidelines issued by the U.S.

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Department of Health and Human Services, a yearly income of $20,420 is the poverty threshold

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The district judge assigned to this action referred plaintiff’s application to proceed in forma
pauperis to the undersigned.
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for a family of three. Accordingly, plaintiff has submitted an affidavit making the showing

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required by 28 U.S.C. § 1915(a)(1). Therefore, the request to proceed in forma pauperis will be

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granted.

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Good cause appearing, IT IS ORDERED that:

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1. This court’s order denying plaintiff’s request for leave to proceed in forma pauperis

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(ECF No. 4) is vacated; plaintiff’s amended request for leave to proceed in forma pauperis (ECF

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No. 5) is granted.

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2. The matter is referred back to the assigned district judge for further proceedings.
Dated: July 27, 2017

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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