(PS) Alfaro Brittany v. USA Military Inc.

• Court: District Court, E.D. California
• Decided: March 13, 2025
• Docket: 2:25-cv-00771
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 MICHALLA C. ALFARO BRITTANY, Case No. 2:25-cv-0771-TLN-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 USA MILITARY INC., 15 Defendant. 16 17 Plaintiff, proceeding pro se, has requested leave to proceed in forma pauperis and has 18 submitted an affidavit in support of her application, as required by 28 U.S.C. § 1915(a)(1). ECF 19 No. 2. 20 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 21 in federal district court. 28 U.S.C. § 1914(a). This court also requires a $55 administrative fee. 22 The court may authorize the commencement of an action without prepayment of fees and costs or 23 security therefor, by a person who submits an affidavit showing that he is unable to pay such 24 costs or give security therefor. 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant must 25 demonstrate that because of her poverty, she cannot meet court costs and still provide herself and 26 her dependents with the necessities of life. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 27 (11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the 28 court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v. 1 E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948); see also, Sears, Roebuck & Co. v. 2 Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988) (denying in forma pauperis 3 status where applicant had a net income of approximately $20,000). 4 Plaintiff’s affidavit indicates that her monthly gross income is $15,000 and that she has 5 $36,000 in her checking account.1 ECF No. 2 at 1-2. She states no debt or other financial 6 obligations, although she does have multiple dependents to whom she provides some financial 7 assistance and her rent is $710 monthly. Id. at 2. Based on those averments, I find that plaintiff 8 has failed to demonstrate that she has insufficient assets to pay the filing fee and costs and 9 provide the necessities of life to herself and her dependents. 10 Accordingly, it is hereby RECOMMENDED that: 11 1. Plaintiff’s application to proceed in forma pauperis, ECF No. 2, be denied. 12 2. Plaintiff be given twenty-one from the date of any order adopting these findings and 13 recommendations to pay the filing fee of $405. 14 These findings and recommendations are submitted to the United States District Judge 15 assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days of 16 service of these findings and recommendations, any party may file written objections with the 17 court and serve a copy on all parties. Any such document should be captioned “Objections to 18 Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 19 within fourteen days of service of the objections. The parties are advised that failure to file 20 objections within the specified time may waive the right to appeal the District Court’s order. See 21 Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 22 1991). 23 24 25 26

27 1 Plaintiff filed in forma pauperis application in another case in this district three days later and indicated that she has a monthly gross income of $25,000 and $65,000 in her checking 28 account. Brittany v. Yolo County Police Department, 2:25-cv-0778-DAD-JDP, ECF No. 2. 1 | 1718 SO ORDERED. 3 ( — Dated: _ March 12. 2025 ssn (aioe 4 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE 7 g 9 10 il 12 3 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28