(PS) Plant v. County of Sacramento ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 JOYCE PLANT , No. 2:23-cv-00211-TLN-CKD PS 12 Plaintiff, 13 v. ORDER 14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 18 Plaintiff, Joyce Plant, proceeds without counsel and seeks relief for alleged employment 19 discrimination. This matter is before the undersigned pursuant to Local Rule 302(c)(21). See 28 20 U.S.C. § 636(b)(1). Plaintiff has filed a civil complaint and an application to proceed in forma 21 pauperis. (ECF Nos. 1, 2.) 22 In order to commence a civil action, along with the complaint, a plaintiff must either pay 23 the $350.00 filing fee and the $52.00 administrative fee or file an application requesting leave to 24 proceed in forma pauperis (“IFP”). See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize 25 the commencement of an action “without prepayment of fees” by an individual who submits an 26 affidavit evidencing an inability to pay such fees. 28 U.S.C. § 1915(a). “An affidavit in support of 27 an IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still 28 afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing 1 | Adkins v. E.I. Du Pont de Nemours & Co., Inc., 335 U.S. 331, 339 (1948)); see also United States 2 || v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (affidavit must “state the facts as to affiant’s 3 || poverty with some particularity, definiteness and certainty” (internal quotation omitted)). 4 Plaintiff's affidavit does not adequately support a conclusion that plaintiff was unable to 5 || pay the court costs and still afford the necessities of life when plaintiff filed this suit. At that time, 6 | plaintiff had $5,600 in the bank. Plaintiff listed income and/or assistance in the amount of $8,000 7 || total per month. Plaintiff listed expenses in the amount of $6,245 total per month. These expenses 8 | reflect more than the bare necessities of life. While § 1915(a) does not require a litigant to 9 | demonstrate “absolute destitution,” Adkins, 335 U.S. at 339, the applicant must nonetheless show 10 || inability to pay the fees. 28 U.S.C. § 1915(a). 11 Plaintiff does not make an adequate showing of indigency for in forma pauperis status. 12 | Plaintiff will be granted 30 days in which to submit the filing fee and administrative fee to the 13 || Clerk of the Court. In the alternative, plaintiff may submit a renewed application to proceed 14 || without prepayment of fees. Such an affidavit must contain sufficient information to demonstrate 15 | plaintiff could not, at the time of filing suit, pay the court costs and still afford the necessities of 16 | life. Plaintiff cautioned that failure to pay the court costs or file a renewed affidavit will result 17 || in arecommendation that the application to proceed in forma pauperis be denied and the present 18 || action be dismissed without prejudice. 19 Accordingly, IT IS HEREBY ORDERED that, within thirty (30) days from the date of 20 || this order, plaintiff shall submit the appropriate filing fee or a renewed affidavit to proceed 21 || without prepayment of fees. 22 | Dated: February 14, 2023 i / dle i 8 CAROLYNK. DELANEY 24 UNITED STATES MAGISTRATE JUDGE 25 26 | 8 Plant23ev211.ifp 27 28