Gonzales v. Rutledge et al, No. 1:2017cv00387 - Document 4 (E.D. Cal. 2017)

Court Description: FINDINGS and RECOMMENDATIONS Recommending That Plaintiff's Application to Proceed Without Prepaying Fees or Costs Be Denied 2 , signed by Magistrate Judge Barbara A. McAuliffe on 4/6/17: 14-Day Deadline. (Hellings, J)
Download PDF
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 GERARDO GONZALES, 12 Plaintiff, 13 14 v. Case No. 1:17-cv-00387-LJO-BAM FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT PLAINTIFF’S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS BE DENIED BILL RUTLEDGE, et al., (Doc. 2) 15 Defendants. 16 17 Plaintiff Gerardo Gonzales (“Plaintiff”) is proceeding pro se in this civil matter. Plaintiff 18 initiated this action on March 16, 2017. (Doc. 1). On the same day, Plaintiff filed an application 19 to proceed in forma pauperis under 28 U.S.C. § 1915. (Doc. 2). According to Plaintiff’s application to proceed without prepaying fees or costs, he 20 21 receives a retirement pension of $1,378.00 each month and receives a worker’s compensation 22 payment of $1,080.00 each month.1 He also has $3,490.00 in cash or in a checking or savings 23 account. (Doc. 2 at 1-2). Additionally, Plaintiff’s expenses include discretionary amounts for 24 “cable” and vague expenses, such as “security,” “bug spray,” and “household goods.” (Doc. 2 at 25 2.) The Court finds that Plaintiff has not made the showing required by section 1915(a) that 26 27 28 1 Plaintiff also itemizes gross pay or wages of $1,948.00, but lists his employment as “Disable.” (Doc. 2 at 1). 1 1 he is unable to pay the required fees for this action. Accordingly, the Court HEREBY 2 RECOMMENDS that: 3 1. Plaintiff’s application to proceed without prepayment of fees and costs (ECF No. 2) be 4 DENIED; and 5 2. Plaintiff be required to pay the $400.00 filing fee in full to proceed with this action. 6 These findings and recommendations are submitted to the United States District Judge 7 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 8 (14) days after being served with these findings and recommendations, Plaintiff may file written 9 objections with the Court. Such a document should be captioned “Objections to Magistrate 10 Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file objections within 11 the specified time may result in the waiver of rights on appeal. Wilkerson v. Wheeler, 772 F.3d 12 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)). 13 14 15 IT IS SO ORDERED. Dated: /s/ Barbara April 6, 2017 A. McAuliffe _ UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28 2