Martel v. United States of America
Filing
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ORDER signed by Magistrate Judge Carolyn K. Delaney on 11/17/11 DENYING 2 Motion to Proceed IFP; plaintiff has made an inadequate showing of indigency; within twenty days from the date of this order, plaintiff shall submit the appropriate filing fee. (Benson, A.)
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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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RICHARD MARTEL,
Plaintiff,
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CIV S-11-3040 GEB CKD PS
vs.
UNITED STATES OF AMERICA,
Defendant.
ORDER
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Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in
which he states that his monthly income is $1480.
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil
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action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the
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commencement of an action “without prepayment of fees and costs or security therefor, by a
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person who makes affidavit that he is unable to pay such costs or give security therefor.” 28
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U.S.C. § 1915(a). The amount of plaintiff’s income shows that plaintiff is able to pay the filing
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fee and costs. Thus, plaintiff has made an inadequate showing of indigency. See Alexander v.
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Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939
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F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994).
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Plaintiff will therefore be granted twenty 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 the instant
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action be dismissed without prejudice.
Accordingly, IT IS HEREBY ORDERED that, within twenty days from the date
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of this order, plaintiff shall submit the appropriate filing fee.
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Dated: November 17, 2011
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_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE
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martel.den
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