Engelbrecht v. Kern County Elections Office et al

Filing 3

ORDER signed by Magistrate Judge Kendall J. Newman on 4/11/18, DENYING 2 Motion to Proceed IFP. Within 28 days of this order, plaintiffs 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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TONYA ENGELBRECHT,

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Plaintiff,

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v.

No. 2:18-cv-00494-TLN-KJN (PS)

ORDER

KERN COUNTY ELECTIONS OFFICE,
et al.,
Defendants.

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Presently pending before the court is plaintiff’s motion for leave to proceed in forma

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pauperis pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) The affidavit in support of the motion

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indicates that plaintiff’s net wages are $1,400.00 every month, i.e., $16,800.00 annually. (ECF

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No. 2 at 1.) In addition, plaintiff attests that she has $11,000.00 in a checking or savings account,

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$1,000.00 in monthly living expenses, and that she does not have any dependents, debts, or

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financial obligations. (Id. at 2.)
According to the United States Department of Health and Human Services, the 2018

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poverty guideline for a household of one, in the contiguous United States, is $12,140.00. See

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https://aspe.hhs.gov/poverty-guidelines (last visited April 9, 2018). Thus, plaintiff’s net

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This case was referred to the undersigned pursuant to E.D. Cal. L.R. 302(c)(21).
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household income is approximately 138% of the 2018 poverty guidelines for a similarly situated

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individual. In addition, plaintiff admits to having $11,000.00 in cash on hand. Moreover,

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plaintiff attests that her net monthly income is $400.00 more than her monthly expenses. (See

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ECF No. 2.) At the same time, plaintiff asserts that her home is in need of repairs that will cost

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over $25,000.00. (Id. at 2.)

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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 who 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,

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

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large income by any measure, and that plaintiff also has several expenses to contend with,

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including the repairs that her home requires. However, numerous litigants in this court have

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significant monthly expenditures, and may have to make difficult choices as to which expenses to

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

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expenses and litigating an action in federal court. Such difficulties in themselves do not amount

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to indigency.

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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, plaintiffs shall pay the applicable filing fee. However,

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

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should such an extension be necessary.

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

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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Dated: April 11, 2018

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14/ps.18-494.englebrecht.odifp

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