Summary
The United States Magistrate Judge recommends denying Alana Dunn’s application to proceed in forma pauperis because her reported household income, expenses, and assets are inconsistent with a finding of poverty. The recommendation would require Plaintiff to pay the $405 filing fee, subject to the parties’ fourteen-day period to file objections.
Holdings
- The court recommended denying Plaintiff's application to proceed in forma pauperis because the information in her application did not establish that she was unable to pay the filing fee without becoming destitute.
Questions Presented
- Whether Plaintiff demonstrated that she was unable to pay the civil filing fee so as to qualify for in forma pauperis status under 28 U.S.C. § 1915(a)(1).
- Whether Plaintiff should be required to pay the $405 filing fee to proceed with the action.
Disposition
other
Cases Cited (9)
- Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 198 n.2 (1993)(followed)
- Franklin v. Murphy, 745 F.2d 1221, 1231 (9th Cir. 1984)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- Escobedo v. Applebees, 787 F.3d 1226, 1236 (9th Cir. 2015)(followed)
- Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 n.5 (11th Cir. 2004)(followed)
- Boulas v. United States Postal Serv., No. 1:18-cv-01163-LJO-BAM, 2018 WL 6615075, at *1 (E.D. Cal. Nov. 1, 2018)(followed)
- Pogue v. San Diego Superior Ct., No. 17-CV-01091-BAS-JMA, 2017 WL 11094959, at *1 (S.D. Cal. May 30, 2017)(followed)
- Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014)(followed)
- Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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