Michella C. Alfaro Brittany v. City of Orange Court, et al.

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHELLA C. ALFARO BRITTANY, 2:26-cv-1667-CKD PS 12 Plaintiff, 13 v. ORDER 14 CITY OF ORANGE COURT, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se. Plaintiff has filed an in forma pauperis affidavit in which 18 she states that she has a monthly income of $19,677.00. Her sources of income include social 19 security disability benefits and an inheritance annuity. She lists two adult dependents. (ECF No. 20 2.) 21 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 22 in federal district court. 28 U.S.C. § 1914(a). In addition, a $55.00 general administrative fee for 23 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 24 action “without prepayment of fees and costs or security therefor,” by a person who makes 25 affidavit that he is unable to pay such costs or give security therefor. 28 U.S.C. § 1915(a). The 26 amount of plaintiff’s income shows that plaintiff is able to pay the filing fee and costs. Thus, 27 plaintiff has made an inadequate showing of indigency. See Alexander v. Carson Adult High 28 Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th 1 || Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 2 Accordingly, IT IS HEREBY ORDERED that: 3 1. Plaintiff's motion to proceed in forma pauperis (ECF No. 2) is DENIED; and 4 2. Plaintiff is granted fourteen days in which to submit the appropriate fees to the Clerk of 5 | the Court. Plaintiff is cautioned that failure to pay the filing and general administrative fees in the 6 | amount of $405 will result in a recommendation that the application to proceed in forma pauperis 7 || be denied and the instant action be dismissed without prejudice. 8 | Dated: May 1, 2026 / hice ANKE) flo ° CAROLYN K DELANEY? 10 UNITED STATES MAGISTRATE JUDGE 1] 12 CKDBrittany. 1667 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28