(SS) K.T. v. Commissioner of Social Security ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 K.T., No. 2:23-cv-00864 CKD (SS) 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16 17 18 Plaintiff Stephanie Spivey, proceeding through counsel and on behalf of a minor, K.T., 19 has filed an appeal of a Social Security benefits decision along with an application to proceed in 20 forma pauperis. (ECF Nos. 1 & 2.) Plaintiff has filed an in forma pauperis affidavit stating that 21 her gross monthly wages are $9,239.60 and that she receives an additional $1,700.00 in disability 22 benefits for family members. 23 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 24 in federal district court. 28 U.S.C. § 1914(a). In addition, a $52.00 general administrative fee for 25 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 26 action “without prepayment of fees and costs or security therefor, by a person who makes 27 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 28 Here, plaintiff’s household income shows that plaintiff is able to pay the filing fee and 1 | costs. Thus, plaintiff has made an inadequate showing of indigence. See Alexander v. Carson 2 | Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 3 || 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 4 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma 5 || pauperis (ECF No. 2) is denied. Plaintiffis granted fourteen days in which to submit the 6 || appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay the filing and 7 || general administrative fees in the amount of $402 will result in a recommendation that the instant 8 || action be dismissed without prejudice. 9 | Dated: May 16, 2023 □□ I / dip Ze 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE 12 13 14 15 || 2/kt0864..ifp.den 16 17 18 19 20 21 22 23 24 25 26 27 28