(PS) Balancio v. Solano County Superior Court ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VINCE BALANCIO, et. al., No. 2:20-cv-1831 TLN CKD (PS) 12 Plaintiff, 13 v. ORDER 14 SOLANO SUPERIOR COURT, et. al. 15 Defendant. 16 17 Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which he 18 states that his monthly take home pay is $8,400. 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). In addition, a $50.00 general administrative fee for 21 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 22 action “without prepayment of fees and costs or security therefor,” by a person who makes 23 affidavit that he is unable to pay such costs or give security therefor. 28 U.S.C. § 1915(a). The 24 amount of plaintiff’s income shows that plaintiff is able to pay the filing fee and costs. Thus, 25 plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High 26 Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th 27 Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 28 ///// 1 Accordingly, IT IS HEREBY ORDERED that plaintiff is granted fourteen days in which 2 | to submit the appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay 3 | the filing and general administrative fees in the amount of $400 will result in a recommendation 4 | that the application to proceed in forma pauperis be denied and the instant action be dismissed 5 | without prejudice. 6 | Dated: November 10, 2020 4 Hf / bas CANO fu 7 CAROLYN K. DELANEY 8 UNITED STATES MAGISTRATE JUDGE 9 10 |] cdifp.den 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28