Scott Bruno v. County of Tuolumne et al.

Summary

The United States District Court for the Eastern District of California recommends denying Scott Bruno’s application to proceed in forma pauperis because his reported annual income exceeds the federal poverty guideline and does not establish an inability to pay court fees. The court directs the Clerk to randomly assign a district judge and recommends that Plaintiff pay the $405 filing fee, subject to a fourteen-day objection period.

Holdings

1. Plaintiff did not make the showing required by 28 U.S.C. § 1915 because his reported annual household income substantially exceeded the applicable federal poverty guideline and the record did not indicate that he was unable to pay the filing fee while providing for life's necessities.

Questions Presented

1. Whether Plaintiff demonstrated under 28 U.S.C. § 1915 that poverty prevented him from paying the filing fee while providing for the necessities of life.
2. Whether Plaintiff's application to proceed without prepayment of fees and costs should be denied and Plaintiff required to pay the filing fee.

Disposition

other