(PS)Alfaro Brittany v. The Studio @ Hotel Berry et al
Filing
3
FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Jeremy D. Peterson on 01/27/25 RECOMMENDING that #2 Motion to Proceed In Forma Pauperis be denied; and Plaintiff be given 21 days from the date of any Order adopting these Findings and Recommendations to pay the filing fee of $405. Referred to Judge Daniel J. Calabretta. Objections due within 14 days after being served these Findings and Recommendations. (Deputy Clerk KML)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
FOR THE EASTERN DISTRICT OF CALIFORNIA
10
11
MICHALLA C. ALFARO BRITTANY,
12
Plaintiff,
13
14
Case No. 2:24-cv-3395-DJC-JDP (PS)
v.
FINDINGS AND RECOMMENDATIONS
THE STUDIO @ HOTEL BERRY,
15
Defendant.
16
17
Plaintiff, proceeding in pro se, has requested leave to proceed in forma pauperis and has
18
submitted an affidavit in support of her application, as required by 28 U.S.C. § 1915(a)(1). ECF
19
No. 2.
20
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action
21
in federal district court. 28 U.S.C. § 1914(a). This court also requires a $55 administrative fee.
22
The court may authorize the commencement of an action without prepayment of fees and costs or
23
security therefor, by a person who submits an affidavit showing that he is unable to pay such
24
costs or give security therefor. 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant must
25
demonstrate that because of her poverty, she cannot meet court costs and still provide herself and
26
her dependents with the necessities of life. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307
27
(11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the
28
court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v.
1
1
E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948); see also, Sears, Roebuck & Co. v.
2
Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988) (denying in forma pauperis
3
status where applicant had a net income of approximately $20,000).
Plaintiff’s affidavit indicates that her annual gross income is $91,604.00, and she has
4
5
$139,000.00 in a bank account. ECF No. 2 at 1-2. She further states that she has multiple adult
6
children to whom she provides some financial assistance. Id. at 2. Based on those averments, I
7
find that plaintiff has failed to demonstrate that she has insufficient assets to pay the filing fee and
8
costs and provide the necessities of life to herself and her dependents.
9
Accordingly, it is hereby RECOMMENDED that:
10
1. Plaintiff’s application to proceed in forma pauperis, ECF No. 2, be denied.
11
2. Plaintiff be given twenty-one from the date of any order adopting these findings and
12
recommendations to pay the filing fee of $405.
13
These findings and recommendations are submitted to the United States District Judge
14
assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of
15
service of these findings and recommendations, any party may file written objections with the
16
court and serve a copy on all parties. Any such document should be captioned “Objections to
17
Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed
18
within fourteen days of service of the objections. The parties are advised that failure to file
19
objections within the specified time may waive the right to appeal the District Court’s order. See
20
Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir.
21
1991).
22
23
IT IS SO ORDERED.
24
Dated:
25
26
January 27, 2025
JEREMY D. PETERSON
UNITED STATES MAGISTRATE JUDGE
27
28
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?