Brittany v. United States of America

Filing 3

ORDER signed by Magistrate Judge Deborah Barnes on 10/10/2018 DIRECTING plaintiff to submit the appropriate filing fee, within 21 days from the date of this order. Failure to comply with this order in a timely manner may result in a recommendation that the application to proceed in forma pauperis be denied and that this action be dismissed. (York, M)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHALLA C. ALFARO BRITTANY,

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No. 2:18-cv-0925 JAM DB PS

Plaintiff,
v.

ORDER

UNITED STATES OF AMERICA, et al.,

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Defendants.

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Plaintiff, Michalla Alfaro Brittany, has requested authority under 28 U.S.C. § 1915 to

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proceed in forma pauperis. (ECF No. 2.) Plaintiff is proceeding in this action pro se. This matter

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was referred to the undersigned in accordance with Local Rule 302(c)(21) and 28 U.S.C. §

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636(b)(1).

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Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action

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in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for

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civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an

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action “without prepayment of fees . . . by a person who submits an affidavit” showing that she is

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unable to pay such fees. 28 U.S.C. § 1915(a).

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Here, plaintiff’s in forma pauperis application reflects that plaintiff has $57,000 in a

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“BofA” checking or savings account. (ECF No. 2 at 2.) Moreover, plaintiff recently received

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$125,000 from “real estate, stocks, bonds, trust,” and receives $137,000 twice a month from the
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“State of California.” (Id. at 1.) Conversely, plaintiff’s monthly expenses are roughly $650. (Id

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at 2.)

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In light of plaintiff’s stated financial situation, the undersigned finds that plaintiff has

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failed to show that plaintiff is unable to pay the filing fees. Thus, plaintiff has made an

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inadequate showing of indigency. See Olivares v. Marshall, 59 F.3d 109, 111 (9th Cir. 1995)

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(“Requiring the payment of fees according to a plaintiff’s ability to pay serves the dual aims of

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defraying some of the judicial costs of litigation and screening out frivolous claims.”). Plaintiff

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will therefore be granted twenty-one days in which to submit the appropriate filing fee to the

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Clerk of the Court. Plaintiff is cautioned that failure to pay the fee will result in a

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recommendation that the application to proceed in forma pauperis be denied and that the instant

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action be dismissed without prejudice.

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Accordingly, IT IS HEREBY ORDERED that within twenty-one days from the date of

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this order, plaintiff shall submit the appropriate filing fee. Failure to comply with this order in a

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timely manner may result in a recommendation that this action be dismissed.

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Dated: October 10, 2018

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DLB:6
DB/orders/orders.pro se/brittany0925.ifp.den.ord

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