(PS) Alfaro v. Alfaro, No. 2:2012cv02735 - Document 3 (E.D. Cal. 2012)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 11/08/12 RECOMMENDING that the 2 Motion to Proceed IFP be denied and that plaintiff be given 30 days to pay the $350 filing fee. Objections to these F&Rs due within 14 days; motion referred to Judge John A. Mendez. (Benson, A.)

Download PDF
(PS) Alfaro v. Alfaro Doc. 3 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 MIKAELLA C. ALFARO, Plaintiff, 11 12 No. 2:12-cv-2735-JAM-EFB PS vs. 13 ANTHONY J. ALFARO, 14 Defendant. / 15 16 FINDINGS AND RECOMMENDATIONS Plaintiff, proceeding in pro se, has requested leave to proceed in forma pauperis pursuant 17 to 28 U.S.C. § 1915.1 Dckt. No. 2. Plaintiff has submitted an affidavit in support of her 18 application to proceed in forma pauperis, as required by 28 U.S.C. § 1915(a)(1). Id. 19 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 20 in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an 21 action without prepayment of fees and costs or security therefor, by a person who submits an 22 affidavit showing that he is unable to pay such costs or give security therefor. 28 U.S.C. 23 § 1915(a)(1). An in forma pauperis applicant must demonstrate that because of her poverty, she 24 cannot meet court costs and still provide herself and her dependents with the necessities of life. 25 1 26 This matter was referred to the undersigned under Local Rule 302(c)(21), pursuant to 28 U.S.C. § 636(b)(1). 1 Dockets.Justia.com 1 Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) (affidavit is sufficient if 2 it represents that the litigant is “unable to pay for the court fees and costs, and to provide 3 necessities for himself and his dependents”) (citing Adkins v. E.I. Du Pont de Nemours & Co., 4 335 U.S. 331, 339-40 (1948); see also, Sears, Roebuck & Co. v. Charles W. Sears Real Estate, 5 Inc., 865 F.2d 22, 23 (2d Cir. 1988) (denying in forma pauperis status where applicant had a net 6 income of approximately $20,000). 7 Plaintiff’s affidavit indicates that her gross wages and take-home wages are $3011.00 8 “two or three times [a] year.” Dckt. No. 2. The affidavit also indicates that she receives 9 $1107.00 per month in disability and $4568.00 in gifts or inheritance per month, and that she has 10 $135,000.00 in a checking or savings account. Id. Based on those averments, the court finds 11 that plaintiff has failed to demonstrate that she has insufficient assets to pay the filing fee and 12 costs and provide the necessities of life for herself. 13 Accordingly, IT IS HEREBY RECOMMENDED that plaintiff’s application to proceed 14 in forma pauperis be DENIED, and that plaintiff be given thirty days in which to pay the filing 15 fee of $350.00. 16 These findings and recommendations are submitted to the United States District Judge 17 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 18 after being served with these findings and recommendations, any party may file written 19 objections with the court and serve a copy on all parties. Such a document should be captioned 20 “Objections to Magistrate Judge’s Findings and Recommendations.” The parties are 21 advised that failure to file objections within the specified time may waive the right to appeal the 22 District Court’s order. Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 23 951 F.2d 1153, 1157 (9th Cir. 1991). 24 DATED: November 8, 2012. 25 26 2

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.