(PS) Brittany v. Yolo County Police Department

Opinion

1 2 3 4 5 6 7 10 11 MICHALLA C. ALFARO BRITTANY, Case No. 2:25-cv-0778-DAD-JDP (PS) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS DEPARTMENT, et al., 15 Defendants. 16

17 18 Plaintiff, proceeding pro se, has requested leave to proceed in forma pauperis and has 19 submitted an affidavit in support of her application, as required by 28 U.S.C. § 1915(a)(1). ECF 20 No. 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). This court also requires a $55 administrative fee. 23 The court may authorize the commencement of an action without prepayment of fees and costs or 24 security therefor, by a person who submits an affidavit showing that he is unable to pay such 25 costs or give security therefor. 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant must 26 demonstrate that because of her poverty, she cannot meet court costs and still provide herself and 27 her dependents with the necessities of life. Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 28 (11th Cir. 2004) (affidavit is sufficient if it represents that the litigant is “unable to pay for the 1 | court fees and costs, and to provide necessities for himself and his dependents”) (citing Adkins v. 2 | Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948); see also, Sears, Roebuck & Co. v. 3 | Charles W. Sears Real Estate, Inc., 865 F.2d 22, 23 (2d Cir. 1988) (denying in forma pauperis 4 || status where applicant had a net income of approximately $20,000). 5 Plaintiff's affidavit indicates that her monthly gross income is $25,000 and that she has 6 | $65,000 in her checking account. ECF No. 2 at 1-2. She states no debt or other financial 7 | obligations, although she does have multiple dependents to whom she provides some financial 8 | assistance. Jd. at 2. Based on those averments, I find that plaintiff has failed to demonstrate that 9 | she has insufficient assets to pay the filing fee and costs and provide the necessities of life to 10 | herself and her dependents. 11 Accordingly, it is hereby RECOMMENDED that: 12 1. Plaintiffs application to proceed in forma pauperis, ECF No. 2, be denied. 13 2. Plaintiff be given twenty-one from the date of any order adopting these findings and 14 | recommendations to pay the filing fee of $405. 15 These findings and recommendations are submitted to the United States District Judge 16 | assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within fourteen days of 17 | service of these findings and recommendations, any party may file written objections with the 18 | court and serve a copy on all parties. Any such document should be captioned “Objections to 19 | Magistrate Judge’s Findings and Recommendations,” and any response shall be served and filed 20 | within fourteen days of service of the objections. The parties are advised that failure to file 21 | objections within the specified time may waive the right to appeal the District Court’s order. See 22 | Turner v. Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 23 | 1991). IT IS SO ORDERED. 25 ( q oy — Dated: _ March 12, 2025 q——— 26 JEREMY D. PETERSON UNITED STATES MAGISTRATE JUDGE