Perrielin Sessions v. Solano County Health and Social Services, et al.

Summary

The magistrate judge recommends denying Perrielin Sessions’s renewed application to proceed in forma pauperis because her reported employment income is inconsistent with a finding of poverty. The court nevertheless recommends allowing her to pay the filing and administrative fees in monthly installments of $50 or more, with summonses to issue after the first payment.

Holdings

1. Plaintiff's renewed IFP application should be denied because her reported employment income was inconsistent with a finding that she could not pay court costs while affording the necessities of life.
2. Despite recommending denial of IFP status, the court recommended allowing plaintiff to pay the $350 filing fee and $55 administrative fee in monthly installments of $50 or more, with the first payment due within 14 days after the district court's decision.

Questions Presented

1. Whether plaintiff's renewed affidavit established that she was unable to pay the filing and administrative fees while still affording the necessities of life.
2. Whether plaintiff should be permitted to commence the action by paying the required fees in monthly installments despite denial of in forma pauperis status.

Disposition

other