-DLB Duran v. HSBC Bank, et al., No. 1:2011cv01698 - Document 5 (E.D. Cal. 2011)
Court Description: FINDINGS and RECOMMENDATIONS Regarding Denial of Application to Proceed In Forma Pauperis 2 , 4 , signed by Magistrate Judge Dennis L. Beck on 11/2/11. Referred to Judge Ishii. Thirty-Day Deadline. (Gonzalez, R)
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-DLB Duran v. HSBC Bank, et al. Doc. 5 1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 EASTERN DISTRICT OF CALIFORNIA 8 JOHN DURAN, 9 10 Plaintiff, 11 v. 12 HSBC BANK, et al., 13 14 15 Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) 1:11cv01698 AWI DLB FINDINGS AND RECOMMENDATIONS REGARDING DENIAL OF APPLICATION TO PROCEED IN FORMA PAUPERIS (Documents 2,4) 16 17 Plaintiff John Duran (“Plaintiff”), proceeding pro se, filed this action on October 11, 18 2011. On October 18, 2011, Plaintiff submitted an application to proceed in forma pauperis. 19 Title 28 U.S.C. § 1915(a)(1) provides that any court of the United States may authorize 20 the commencement, prosecution of defense of any civil or criminal suit, action, proceeding, or 21 any appeal therein, without prepayment of fees or security therefor, by a person who submits an 22 affidavit that includes a statement of all assets the person possesses and that the person is unable 23 to pay such fees or give security therefor. 24 It has been held that “one need not be absolutely destitute to obtain benefits of the in 25 forma pauperis statute.” Jefferson v. U.S.A., 277 F.2d 723, 724 (9th Cir.1960). Yet, a “showing 26 of something more than mere hardship must be made.” Martin v. Gulf States Utilities Co., 221 27 F.Supp. 757, 759 (W.D.La.1963). And wherever upon the spectrum a complainant may fall, “it 28 1 Dockets.Justia.com 1 is proper and indeed essential for the supporting affidavits to state the facts as to affiant’s poverty 2 with some particularity, definiteness and certainty.” Jefferson, 277 F.2d at 725. 3 In his application, Plaintiff states that he is employed at the California Substance Abuse 4 Treatment Center in Corcoran, California. According to his attached pay statement, he earns 5 approximately $45,000 gross income per year. Plaintiff owns a home and two cars and supports 6 only his spouse. 7 8 Accordingly, the Court finds that Plaintiff has not demonstrated that he is unable to pay or guarantee costs without sacrificing the necessities of life. 9 RECOMMENDATION 10 Accordingly, the Court HEREBY RECOMMENDS that Plaintiff’s application be 11 12 DENIED and that Plaintiff be ORDERED to pay the $350.00 filing fee. These Findings and Recommendations will be submitted to the Honorable Anthony W. 13 Ishii, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within thirty (30) days after 14 being served with these Findings and Recommendations, Plaintiff may file written objections 15 with the Court. The document should be captioned “Objections to Magistrate Judge’s Findings 16 and Recommendations.” Plaintiff is advised that failure to file objections within the specified 17 time may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 18 (9th Cir. 1991). 19 20 IT IS SO ORDERED. Dated: 3b142a November 2, 2011 /s/ Dennis L. Beck UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28 2
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