LaChapelle-Banks v. Colvin

Filing 2

ORDER denying 1 Motion for Leave to Proceed in forma pauperis; plaintiff has 30 days to pay the filing fee; signed by Judge Ronald B. Leighton.(DN)

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1 2 3 4 5 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 6 7 TERI JEAN LACHAPELLE-BANKS, 8 Plaintiff, 9 Case No. 2:16-cv-01956-RBL ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS v. 10 CAROLYN W. COLVIN, Acting 11 Commissioner of Social Security, Defendant. 12 13 THIS MATTER comes before the Court on plaintiff’s filing of an application to proceed 14 in forma pauperis and a complaint to review and set aside a decision of the Social Security 15 Administration under 42 U.S.C. § 405(g). Because plaintiff’s application indicates that her 16 household has sufficient income and assets with which to pay the filing fee, the undersigned 17 denies the application. 18 DISCUSSION 19 The district court may permit indigent litigants to proceed in forma pauperis upon 20 completion of a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the Court has 21 broad discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 22 F.2d 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). 23 By requesting the court to proceed in forma pauperis, plaintiff is asking the government to incur the filing fee because she allegedly is unable to afford the costs necessary to proceed ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS - 1 1 with her cause of action. In her application, plaintiff indicated that her household receives monthly income of 2 3 $1,038.32 in self-employment income, $3,217.73 in pensions, and $3,030.00 in disability. Dkt. 1 4 at 1. While the undersigned recognizes that the total of this income does not constitute an overly 5 substantial net income for a four-person household, given that plaintiff and her spouse also have 6 significant assets and savings, it does not seem unreasonable to expect her to pay the required 7 filing fee. See Dkt. 1 at 2. 8 CONCLUSION 9 Because it is reasonable for plaintiff to incur the costs to proceed with this cause of 10 action, the undersigned denies her application to proceed in forma pauperis. Accordingly, the 11 undersigned orders plaintiff to pay the required filing fee within 30 days of the filing of this 12 order. 13 IT IS SO ORDERED. 14 DATED this 23rd day of December, 2016. 15 A 16 17 RONALD B. LEIGHTON United States District Judge 18 19 20 21 22 23 ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS - 2

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