Timothy Alan Fairfield v. Commissioner of Social Security

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TIMOTHY ALAN FAIRFIELD, No. 2:26-cv-01181 CKD (SS) 12 Plaintiff, 13 v. ORDER 14 COMMISSIONER OF SOCIAL SECURITY, 15 Defendant. 16

17 18 Plaintiff is proceeding through counsel. Plaintiff has filed an in forma pauperis affidavit 19 in which he states that he and wife have a combined monthly income of $7,393.00 and have two 20 minor dependents and one adult child who lives with them. Plaintiff states that his household has 21 no monthly mortgage or rent payment because they live on family-owned land. (ECF No. 2.) 22 Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action 23 in federal district court. 28 U.S.C. § 1914(a). In addition, a $55.00 general administrative fee for 24 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 25 action “without prepayment of fees and costs or security therefor, by a person who makes 26 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 27 Based on the IFP affidavit, plaintiff’s annual household income is $88,716.00. According 28 to the January 2026 federal poverty guidelines issued by the U.S. Department of Health and 1 | Human Services (HHS), a household of five with a yearly income of $88,716 is more than double 2 || the poverty rate. Plaintiff's household income shows that plaintiff is able to pay the filing fee and 3 || costs. Thus, plaintiff has made an inadequate showing of indigence. See Alexander v. Carson 4 | Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 F.2d 5 || 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994). 6 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma 7 || pauperis (ECF No. 2) is denied. Plaintiffis granted fourteen days in which to submit the 8 | appropriate fees to the Clerk of the Court. Plaintiff cautioned that failure to pay the filing and 9 || general administrative fees in the amount of $405will result in a recommendation that the instant 10 || action be dismissed without prejudice. 11 | Dated: April 12, 2026 / aa / x ly a

13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 || 2 Aairl181.ifp.den 18 19 20 21 22 23 24 25 26 27 28