Bynes v. Solano County ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 | Lavirrise Bynes, No. 2:21-cv-01537-KJM-AC 12 Plaintiff, ORDER 13 v. Solano County, et al., 1S Defendants. 16 17 Plaintiff Lavirrise Bynes moves to proceed in forma pauperis (IFP). See Mot., ECF 18 | No. 2. Plaintiffs motion is granted. 19 All parties instituting any civil action in a district court of the United States, except an 20 | application for writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914 □□□□ 21 The action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is 22 | granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 23 | 493 F.3d 1047, 1051 (9th Cir. 2007). A court may authorize the commencement of a suit without 24 | prepayment of fees if the plaintiff submits an affidavit, including a statement of all of his or her 25 | assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a). 26 The affidavit filed with plaintiff's motion shows that she has no money in a savings 27 | account and owns no property. She receives $900 a month in social security, but does not 28 | delineate her list of expenses. She does state she supports her 13 year old son. The $400 filing 1 | fee would thus represent close to half of her monthly salary, and close to five percent of her 2 | yearly income. It appears to this court she cannot pay court costs while affording the “necessities 3 | of life.” Adkins v. EI. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Therefore, the 4 | motion is granted. This order resolves ECF No. 2. 5 IT IS SO ORDERED. 6 DATED: September 14, 2021. 7 l ti / ¢ is CHIEF NT] ED STATES DISTRICT JUDGE 45