(SS) Carvalho v. Commissioner of Social Security ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CHEYANNE CARVALHO, No. 2:21-cv-01099 CKD (SS) 12 Plaintiff, 13 v. ORDER 14 ANDREW M. SAUL, Commissioner of Social Security, 15 Defendant. 16 17 18 Plaintiff is proceeding through counsel. Plaintiff has filed an in forma pauperis affidavit 19 in which she states that her spouse’s monthly gross income is $6,470.00 20 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 21 in federal district court. 28 U.S.C. § 1914(a). In addition, a $52.00 general administrative fee for 22 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 23 action “without prepayment of fees and costs or security therefor, by a person who makes 24 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 25 In her application, plaintiff lists zero dependents. Her household’s annual income is 26 roughly $77,000.00. According to the 2020 federal poverty guidelines issued by the U.S. 27 Department of Health and Human Services (HHS), a family of two with a yearly income of 28 $77,000.00 is earning more than four times the poverty rate. Plaintiff’s household income shows 1 | that plaintiff is able to pay the filing fee and costs. Thus, plaintiff has made an inadequate 2 | showing of indigence. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); 3 | California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. 4 | Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 5 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma 6 || pauperis (ECF No. 3) is denied. Plaintiffis granted fourteen days in which to submit the 7 || appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay the filing and 8 | general administrative fees in the amount of $402 will result in a recommendation that the instant 9 || action be dismissed without prejudice. 10 || Dated: June 29, 2021 fed) / dha ANI fe fo. AG " CAROLYNK.DELANEY 12 UNITED STATES MAGISTRATE JUDGE 13 14 15 16 || 2/carvalho1099.ifp.den 17 18 19 20 21 22 23 24 25 26 27 28