Opinion
1:16-cv-00260-LJO-SMS
06-01-2016
MICHAEL D'AMORE, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner Of Social Security, Defendant.
ORDER ADOPTING FINDINGS AND RECOMMENDATIONS (Doc. 7)
On April 13, 2016, Magistrate Judge Sandra M. Snyder issued findings and recommendations ("F&Rs") to deny Plaintiff's motion to proceed in forma pauperis ("IFP") (Doc. 7). In accordance with the provisions set forth in 28 U.S.C. § 636(b)(1)(C) and Local Rule 304, the Court has conducted a de novo review of this case. Having carefully reviewed the entire file, the Court adopts the F&Rs and accordingly denies the Plaintiff's motion for IFP status.
As the F&Rs explain, the Court "may authorize the commencement . . . of any suit . . . without prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] . . . possesses that the person is unable to pay such fees or give security therefor." 28 U.S.C. § 1915(a). The Court relies on the Department of Health and Human Services' 2016 poverty guidelines for the determination of IFP status. The 2016 poverty guideline for a two-person household is $16,020. U.S. Department of Health and Human Services, Poverty Guidelines, https://aspe.hhs.gov/poverty-guidelines (last visited June 1, 2016). Collectively, Plaintiff and his wife receive an annual household income of $25,800—a total of $9,780 above the poverty guideline for a two-person household. Therefore, the Court agrees with the F&Rs that the Plaintiff's financial status does not qualify him for IFP status.
Accordingly, the Court ADOPTS the F&Rs (Doc. 7) filed April 13, 2016 and DENIES Plaintiff's motion for IFP status (Doc. 2).
Plaintiff shall pay the filing fee to the Clerk of the Court within thirty (30) days of this order. If Plaintiff does not pay the filing fee or submit an amended application, the Court shall dismiss the case for lack of prosecution without further notice. IT IS SO ORDERED.
Dated: June 1 , 2016
/s/ Lawrence J. O'Neill
UNITED STATES CHIEF DISTRICT JUDGE