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Sarad v. Option One Mortgage

IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA


June 12, 2009

MATTHEW SARAD AND NELLI SARAD, PLAINTIFFS,
v.
OPTION ONE MORTGAGE, ET AL., DEFENDANTS.

ORDER

In compliance with the court's order filed May 20, 2009, plaintiff Nelli Sarad has filed an application to proceed in forma pauperis. The applications of both plaintiffs are now before the court for a determination of whether the applications make the showing of indigency required by 28 U.S.C. § 1915.

Plaintiff Nelli Sarad states in her in forma pauperis affidavit that she is employed and her take-home salary is $2,900 monthly. Plaintiff Matthew Sarad previously filed an affidavit in which he states that he is employed and his take-home salary is $1,520 per month. Plaintiffs also receive rent payments of $3,000 per month. They own two vehicles and have approximately $800 to $1,000 in cash or checking or savings accounts. Plaintiffs have one child.

Pursuant to the federal in forma pauperis 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 or security therefor if the plaintiff demonstrates inability to pay such fees or give security for them. 28 U.S.C. § 1915(a). Here, the undersigned finds that plaintiffs' affidavits make an inadequate showing of indigency. Plaintiffs will therefore be granted thirty days in which to submit the appropriate filing fee to the Clerk of the Court. Plaintiffs are cautioned that failure to pay the fee will result in a recommendation that the assigned district judge deny the applications to proceed in forma pauperis and dismiss this action without prejudice.

Accordingly, IT IS HEREBY ORDERED that, within thirty days from the date of this order, plaintiffs shall submit the $350 filing fee.

20090612

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