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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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERTA BARNETT, 12 Plaintiff, 13 14 15 No. 2:17-cv-1517 TLN CKD v. ORDER CALIFORNIA DEPARTMENT OF MOTOR VEHICLES, Defendant. 16 17 18 Plaintiff is proceeding through counsel. Plaintiff filed an initial motion and affidavit to 19 proceed in forma pauperis on July 21, 2017. (ECF No. 2.) On July 25, 2017, this court denied 20 plaintiff’s motion to proceed in forma pauperis.1 (ECF No. 4.) Plaintiff has now submitted a new 21 motion and affidavit to proceed in forma pauperis, revising her income to reflect what plaintiff 22 receives in disability, rather than the wages she was receiving before February of this year. (ECF 23 No 5 at 1.) Plaintiff explained that she “was working until February 22, 2017 and then went on 24 disability.” (Id.) According to this revised affidavit, plaintiff’s annual take-home income is 25 calculated at $18,768. (Id.) According to the 2017 federal poverty guidelines issued by the U.S. 26 Department of Health and Human Services, a yearly income of $20,420 is the poverty threshold 27 28 1 The district judge assigned to this action referred plaintiff’s application to proceed in forma pauperis to the undersigned. 1 1 for a family of three. Accordingly, plaintiff has submitted an affidavit making the showing 2 required by 28 U.S.C. § 1915(a)(1). Therefore, the request to proceed in forma pauperis will be 3 granted. 4 Good cause appearing, IT IS ORDERED that: 5 1. This court’s order denying plaintiff’s request for leave to proceed in forma pauperis 6 (ECF No. 4) is vacated; plaintiff’s amended request for leave to proceed in forma pauperis (ECF 7 No. 5) is granted. 8 9 10 11 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 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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