Dean v. Galt Place Senior Living

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 6/14/2018 DENYING 2 Motion to Proceed IFP. Within 28 days of the date of this order, plaintiff shall either (a) pay the applicable filing fee or (b) file an application to proceed in forma pauperis that adequately demonstrates that he is unable to pay the filing fee. (Zignago, K.)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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MICHAEL DEAN,

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No. 2:18-cv-01693-KJM-CKD

Plaintiff,

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v.

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ORDER

GALT PLACE SENIOR LIVING,

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Defendant.

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On June 11, 2018, plaintiff Michael Dean, proceeding without counsel, filed this action.1

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(ECF No. 1.) At the same time, plaintiff requested leave to proceed in forma pauperis pursuant to

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28 U.S.C. § 1915. (ECF No. 2.)
Under federal statute, a filing fee of $350.00 is required to commence a civil action in

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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 or security therefor” by a person who is unable to pay such

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fees or provide security therefor. 28 U.S.C. § 1915(a)(1).
In his application to proceed in forma pauperis, plaintiff asserts that he has received

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pension, annuity, or life insurance payments in the past year, but has failed to state the amount he

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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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has received and what he expects to receive in the future. (ECF No. 2 at 1.) As a result, it is

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unclear what plaintiff’s total annual income is. Therefore, plaintiff has failed to make an

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adequate showing of indigency. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir.

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1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v.

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Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994).

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For the foregoing reasons, IT IS HEREBY ORDERED that:
1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) is DENIED
WITHOUT PREJUDICE.

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2. Within 28 days of the date of this order, plaintiff shall either (a) pay the applicable

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filing fee or (b) file an application to proceed in forma pauperis that adequately

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demonstrates that he is unable to pay the filing fee. Plaintiff’s failure to either pay

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the filing fee or file a sufficient application to proceed in forma pauperis by the

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above deadline will result in a recommendation that the action be dismissed

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pursuant to Federal Rule of Civil Procedure 41(b).

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Dated: June 14, 2018

_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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14/ps.dean.18-1693.IFP denial incomplete

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