Opinion
2:23-cv-00211-TLN-CKD PS
02-14-2023
JOYCE PLANT, Plaintiff, v. COUNTY OF SACRAMENTO, et al., Defendants.
ORDER
CAROLYN K. DELANEY, UNITED STATES MAGISTRATE JUDGE.
Plaintiff, Joyce Plant, proceeds without counsel and seeks relief for alleged employment discrimination. This matter is before the undersigned pursuant to Local Rule 302(c)(21). See 28 U.S.C. § 636(b)(1). Plaintiff has filed a civil complaint and an application to proceed in forma pauperis. (ECF Nos. 1, 2.) Adkins v. E.I. Du Pont de Nemours & Co., Inc., 335 U.S. 331, 339 (1948)); see also United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (affidavit must “state the facts as to affiant's poverty with some particularity, definiteness and certainty” (internal quotation omitted)).
Plaintiff's affidavit does not adequately support a conclusion that plaintiff was unable to pay the court costs and still afford the necessities of life when plaintiff filed this suit. At that time, plaintiff had $5,600 in the bank. Plaintiff listed income and/or assistance in the amount of $8,000 total per month. Plaintiff listed expenses in the amount of $6,245 total per month. These expenses reflect more than the bare necessities of life. While § 1915(a) does not require a litigant to demonstrate “absolute destitution,” Adkins, 335 U.S. at 339, the applicant must nonetheless show inability to pay the fees. 28 U.S.C. § 1915(a).
Plaintiff does not make an adequate showing of indigency for in forma pauperis status. Plaintiff will be granted 30 days in which to submit the filing fee and administrative fee to the Clerk of the Court. In the alternative, plaintiff may submit a renewed application to proceed without prepayment of fees. Such an affidavit must contain sufficient information to demonstrate plaintiff could not, at the time of filing suit, pay the court costs and still afford the necessities of life. Plaintiff is cautioned that failure to pay the court costs or file a renewed affidavit will result in a recommendation that the application to proceed in forma pauperis be denied and the present action be dismissed without prejudice.
Accordingly, IT IS HEREBY ORDERED that, within thirty (30) days from the date of this order, plaintiff shall submit the appropriate filing fee or a renewed affidavit to proceed without prepayment of fees.