Wesley Yielding, et al. v. United States of America, et al.

E.D. California

Wesley Yielding, et al. v. United States of America, et al.

DecidedSeptember 19, 2025

Docket2:25-cv-02643

StatusUnknown

This text of Wesley Yielding, et al. v. United States of America, et al. (Wesley Yielding, et al. v. United States of America, et al.) is published on Counsel Stack Legal Research, covering District Court, E.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Wesley Yielding, et al. v. United States of America, et al., (E.D. Cal. 2025).

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY YIELDING, et al., No. 2:25-cv-02643-TLN-CKD (PS) 12 Plaintiffs, 13 v. ORDER 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 The three plaintiffs in this action are proceeding without counsel. Each of the plaintiffs 18 has filed an in forma pauperis affidavit in which he declares he is unable to pay the filing costs of 19 this action. (ECF Nos. 2, 3 & 4.) 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). In addition, a $55.00 general administrative fee for 22 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 23 action “without prepayment of fees and costs or security therefor, by a person who makes 24 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 25 Plaintiff Wesley Yielding states in his affidavit that his monthly earnings are 26 approximately $4,800.00, with two dependents. (ECF No. 3.) Plaintiff Charles Padilla states that 27 his monthly earnings are approximately $3,000.00, with two dependents. (ECF No. 2.) Plaintiff 28 Louie Smith states that his monthly earnings are $1,100.00 per month, with one dependent. (ECF 1 | No. 4.) Between them, plaintiffs declare earnings of nearly $9,000.00 per month and do not list 2 || any debts or particular financial hardships. Thus, plaintiffs have made an inadequate showing of 3 || indigence. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California 4 | Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. 5 || Supp. 316, (N.D. Cal. 1994). 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff Padilla’s motion to proceed in forma pauperis (ECF No. 2) is denied; 8 2. Plaintiff Yielding’s motion to proceed in forma pauperis (ECF No. 3) is denied; 9 3. Plaintiff Smith’s motion to proceed in forma pauperis (ECF No. 4) is denied; and 10 4. Plaintiffs are granted fourteen days in which to submit the appropriate fees to the 11 Clerk of the Court. Plaintiffs are cautioned that failure to pay the filing and general 12 administrative fees in the amount of $405 will result in a recommendation that the 13 instant action be dismissed without prejudice. 14 | Dated: September 19, 2025 / aa / a Ly a

16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 || 2/yiel2643 ifp.den 22 23 24 25 26 27 28

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 WESLEY YIELDING, et al., No. 2:25-cv-02643-TLN-CKD (PS) 12 Plaintiffs, 13 v. ORDER 14 UNITED STATES OF AMERICA, et al., 15 Defendants. 16 17 The three plaintiffs in this action are proceeding without counsel. Each of the plaintiffs 18 has filed an in forma pauperis affidavit in which he declares he is unable to pay the filing costs of 19 this action. (ECF Nos. 2, 3 & 4.) 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). In addition, a $55.00 general administrative fee for 22 civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an 23 action “without prepayment of fees and costs or security therefor, by a person who makes 24 affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a). 25 Plaintiff Wesley Yielding states in his affidavit that his monthly earnings are 26 approximately $4,800.00, with two dependents. (ECF No. 3.) Plaintiff Charles Padilla states that 27 his monthly earnings are approximately $3,000.00, with two dependents. (ECF No. 2.) Plaintiff 28 Louie Smith states that his monthly earnings are $1,100.00 per month, with one dependent. (ECF 1 | No. 4.) Between them, plaintiffs declare earnings of nearly $9,000.00 per month and do not list 2 || any debts or particular financial hardships. Thus, plaintiffs have made an inadequate showing of 3 || indigence. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California 4 | Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. 5 || Supp. 316, (N.D. Cal. 1994). 6 Accordingly, IT IS HEREBY ORDERED that: 7 1. Plaintiff Padilla’s motion to proceed in forma pauperis (ECF No. 2) is denied; 8 2. Plaintiff Yielding’s motion to proceed in forma pauperis (ECF No. 3) is denied; 9 3. Plaintiff Smith’s motion to proceed in forma pauperis (ECF No. 4) is denied; and 10 4. Plaintiffs are granted fourteen days in which to submit the appropriate fees to the 11 Clerk of the Court. Plaintiffs are cautioned that failure to pay the filing and general 12 administrative fees in the amount of $405 will result in a recommendation that the 13 instant action be dismissed without prejudice. 14 | Dated: September 19, 2025 / aa / a Ly a

16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 || 2/yiel2643 ifp.den 22 23 24 25 26 27 28

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