Opinion
CIV-S-06-0944 LKK GGH PS.
August 7, 2006
FINDINGS AND RECOMMENDATIONS
Plaintiff, proceeding in this action pro se, has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. This proceeding was referred to this court by Local Rule 72-302(21), pursuant to 28 U.S.C. § 636(b)(1). Plaintiff has submitted an affidavit in support of the showing required by 28 U.S.C. § 1915(a)(1).
Pursuant to federal statute, a filing fee of $350.00 is required to commence a civil action in federal district court. 28 U.S.C. § 1914(a). The court may authorize the commencement of an action "without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor." 28 U.S.C. § 1915(a)(1). An in forma pauperis applicant must demonstrate that because of his poverty, plaintiff cannot meet court costs and still provide himself and his dependents with the necessities of life.
Because plaintiff's original application to proceed in forma pauperis did not clearly state his income, plaintiff was directed to file another application. His affidavit, filed July 3, 2006, demonstrates that he had an annual salary for calendar year 2005 of $40,320. Plaintiff has failed to demonstrate he has insufficient assets to pay the filing fee and costs and provide the necessities of life for himself and his dependents. See Alexander v. Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men's Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) rev'd on other grounds, Rowland v. California Men's Colony, 506 U.S. 194, 113 S. Ct. 716 (1993); United States v. McQuade, 647 F.2d 938, 1940 (9th Cir. 1981) (per curiam); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994), aff'd in part, vacated in part, sub. nom. Olivares v. Marshall, 59 F.3d 109 (9th Cir. 1995). The court finds plaintiff has made an inadequate showing of indigence.
Accordingly, IT IS HEREBY RECOMMENDED that plaintiff's application to proceed in forma pauperis be DENIED, and plaintiff be given thirty days in which to pay the filing fee of $350.00.
These findings and recommendations are submitted to the United States District Judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within ten (10) days after being served with these findings and recommendations, any party may file written objections with the court and serve a copy on all parties. Such a document should be captioned "Objections to Magistrate Judge's Findings and Recommendations." Any reply to the objections shall be served and filed within ten (10) days after service of the objections. The parties are advised that failure to file objections within the specified time may waive the right to appeal the District Court's order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991).