(PS) Samuelian v. INS , U.S. Treasury et al, No. 2:2018cv00995 - Document 3 (E.D. Cal. 2018)

Court Description: FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Edmund F. Brennan on 07/02/18 RECOMMENDING that the 2 Motion for IFP be denied and that plaintiff be given 30 days in which to pay the filing fee of $400. Referred to Judge John A. Mendez; Objections to F&R due within 14 days. (Benson, A.)
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(PS) Samuelian v. INS , U.S. Treasury et al Doc. 3 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 SANDRA C. SAMUELIAN, 12 Plaintiff, 13 14 No. 2:18-cv-995-JAM-EFB PS v. FINDINGS AND RECOMMENDATIONS U.S. TREASURY, et al., 15 Defendants. 16 17 Plaintiff, proceeding in pro se, has requested leave to proceed in forma pauperis pursuant 18 to 28 U.S.C. § 1915.1 ECF No. 2. Plaintiff’s affidavit, submitted in support of her application as 19 required by 28 U.S.C. § 1915(a)(1), demonstrates that she is not eligible for in forma pauperis 20 status. Id. 21 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 22 in federal district court. 28 U.S.C. § 1914(a). This court also requires a $50 administrative fee. 23 The court may authorize the commencement of an action without prepayment of fees and costs or 24 security therefor, by a person who submits an affidavit showing that he is unable to pay such 25 costs or give security therefor. 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant must 26 demonstrate that because of her poverty, she cannot meet court costs and still provide herself and 27 28 1 This case, in which plaintiff is proceeding pro se, is before the undersigned pursuant to Eastern District of California Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). 1 Dockets.Justia.com 1 her dependents with the necessities of life. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 2 (11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the 3 court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v. 4 E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948)); see also Sears, Roebuck & Co. v. 5 Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988) (denying in forma pauperis 6 status where applicant had a net income of approximately $20,000). 7 Plaintiff’s affidavit indicates that she has $894,000 in checking and savings accounts. 8 ECF No. 2 at 2. She further states that she has no dependents relying on her for support. Id. 9 Based on those averments, the court cannot find that plaintiff has demonstrated that she has 10 insufficient assets to pay the filing fee and costs and provide the necessities of life to herself and 11 her dependents. 12 Accordingly, it is hereby RECOMMENDED that plaintiff’s application to proceed in 13 forma pauperis be denied, and that plaintiff be given thirty days in which to pay the filing fee of 14 $400. 15 These findings and recommendations are submitted to the United States District Judge 16 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days 17 after being served with these findings and recommendations, any party may file written 18 objections with the court and serve a copy on all parties. Such a document should be captioned 19 “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 20 within the specified time may waive the right to appeal the District Court’s order. Turner v. 21 Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 22 DATED: July 2, 2018. 23 24 25 26 27 28 2