(PC) Rajagopal v. Modesto Police Department ( 2024 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GOPI RAJAGOPAL, No. 2:23-cv-2967 SCR P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 MODESTO POLICE DEPT., et al., 15 Defendants. 16 17 Plaintiff, a county inmate proceeding pro se, filed this civil rights action pursuant to 42 18 U.S.C. § 1983. Before the court is plaintiff’s application to proceed in forma pauperis (“IFP”). 19 For the reasons set forth below, this court recommends plaintiff’s application be denied. 20 In order to commence an action, plaintiff must file a complaint as required by Rule 3 of 21 the Federal Rules of Civil Procedure, and plaintiff must either pay both the $350.00 filing fee and 22 the $55.00 administrative fee for a civil action, or file an application requesting leave to proceed 23 IFP.1 See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of an 24 action “without prepayment of fees or security therefor” by an individual who submits an 25 affidavit evidencing an inability to pay such fees or give security therefor. 28 U.S.C. § 1915(a). 26 27 1 If leave to file in forma pauperis is granted, plaintiff will still be required to pay the $350.00 filing fee but will be allowed to pay it in installments. Litigants proceeding in forma pauperis are 28 not required to pay the $55.00 administrative fee. 1 | “The in forma pauperis statute does not itself define what constitutes insufficient assets,” but the 2 || applicant does not need to be “absolutely destitute” to qualify for IFP status. Escobedo v. 3 || Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). In assessing the applicant’s financial condition, 4 || the court should consider not just the applicant’s income, but also the money that applicant pays 5 || for necessities such as rent, necessary bills, and food. Id. at 1235. 6 In the IFP affidavit, plaintiff states that they have approximately $12,000 in a saving 7 || account and support no dependents. (ECF Nos. 10, 12.) Because plaintiff is incarcerated, 8 | plaintiffs living expenses are minimal. Plaintiff has made an inadequate showing of indigency 9 || and plaintiff should be denied leave to proceed IFP. 10 Accordingly, the Clerk of the Court is HEREBY ORDERED to randomly assign a district 11 | judge to this case; and 12 IT IS RECOMMENDED that plaintiffs application to proceed in forma pauperis (ECF 13 | Nos. 10, 12) be denied and plaintiff be ordered to pay the filing and administrative fees totaling 14 | $405.00. 15 These findings and recommendations will be submitted to the United States District Judge 16 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within twenty-one days 17 | after being served with these findings and recommendations, plaintiff may file written objections 18 | with the court. The document should be captioned “Objections to Magistrate Judge's Findings 19 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 20 || time may result in waiver of the right to appeal the district court’s order. Martinez v. □□□□□ 951 21 | F.2d 1153 (9th Cir. 1991). 22 || DATED: September 23, 2024 23 md 24 ONES Ane MAGIREOCTE JUDGE 25 26 27 || 7 Plaintiff filed two motions to proceed in forma pauperis. They appear to be identical except that one describes the $12,000 in the bank account as “approximate” and the other includes a 28 | copy of plaintiff's jail account statement.