Schnell v. Commissioner of Social Security

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 10/27/17, DENYING plaintiff's 2 Motion to Proceed IFP. Within 28 days of this order, plaintiff shall pay the applicable filing fee. However, the court will entertain a request for a reasonable extension of time to pay the fee should such an extension be necessary. (Kastilahn, A)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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JONATHAN M.D. SCHNELL,

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Plaintiff,

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No. 2:17-cv-1941-KJN

v.
COMMISSIONER OF SOCIAL
SECURITY,

ORDER

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Defendant.

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Presently pending before the court is plaintiff’s motion for leave to proceed without the

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prepayment of fees and costs, also referred to as in forma pauperis, pursuant to 28 U.S.C.

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§ 1915.1 (ECF No. 2.)
The affidavit in support of the motion indicates that plaintiff has a monthly gross income

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from his employment at U-Haul in the amount of $1,525.30 to $1,906.60, as well as additional

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monthly income of $750 from an accident settlement. Therefore, plaintiff at a minimum receives

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$2,275.30 per month ($1,525.30 + $750), i.e., $27,303.60 annually. According to the United

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States Department of Health and Human Services, the poverty guideline for a household of 1

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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(15).

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person not residing in Alaska or Hawaii is $12,060 for 2017. See https://aspe.hhs.gov/poverty-

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guidelines. Thus, plaintiff’s gross household income is over 200% of the 2017 poverty guideline.

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Presently, a filing fee of $400.00 is required to commence a civil action in this court. The

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court may authorize the commencement of an action “without prepayment of fees or security

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therefor” by a person that is unable to pay such fees or provide security therefor. 28 U.S.C. §

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1915(a)(1). Here, the court cannot find that plaintiff is unable to pay, or provide security for, the

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court filing fee. To be sure, the court is sympathetic to the fact that plaintiff does not have a large

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income, and that plaintiff also has several expenses to contend with. However, numerous litigants

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in this court have significant monthly expenditures, and may have to make difficult choices as to

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which expenses to incur, which expenses to reduce or eliminate, and how to apportion their

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income between such expenses and litigating an action in federal court. Such difficulties in

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themselves do not amount to indigency. Moreover, in this case, plaintiff lists a total of about

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$900 in monthly expenses, which should leave plaintiff with sufficient income to pay the filing

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fee, even if he did not opt to eliminate any of his listed expenses.

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Accordingly, IT IS HEREBY ORDERED that:

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1.

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2. Within 28 days of this order, plaintiff shall pay the applicable filing fee. However, the

Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED.

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court will entertain a request for a reasonable extension of time to pay the fee should

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such an extension be necessary.

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3. Failure to timely pay the filing fee, or timely request an extension of time to do so,

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may result in dismissal of the action pursuant to Federal Rule of Civil Procedure

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41(b).

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IT IS SO ORDERED.
Dated: October 27, 2017

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