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Musu C. Bennett v. Mary Lattimore and Associates

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


December 22, 2010

MUSU C. BENNETT, PLAINTIFF,
v.
MARY LATTIMORE AND ASSOCIATES, ET AL.,
DEFENDANTS.

ORDER

Plaintiff has filed an application to proceed in forma pauperis, and has submitted an affidavit purporting to demonstrate that she is unable to prepay fees and costs or give security for them.*fn1 Dckt. No. 2. Plaintiff states in the application that she is not currently employed and that she receives $1245.00 per month in Social Security benefits. However, the application also states that plaintiff receives an unspecified amount per month in "rent payments, interest, or dividends," and that she owns a 2003 Honda Element; a primary home in Oroville, CA; a rental property in Oroville, CA; and a rental property in San Jose, CA. Id. Plaintiff does not indicate whether she has any money in cash or in a checking or savings account. Id.

Because the value of plaintiff's properties and the amount of income she generates from her rental properties is unclear, and because plaintiff has not indicated whether she has any money in cash or in a checking or savings account, the affidavit is insufficient to evaluate whether plaintiff can pay or give security for court costs and still be able to provide herself and her dependents with the necessities of life. See Adkins v. E.I. Dupont de Nemours & Co., 335 U.S. 331, 339 (1948).

Accordingly, plaintiff is directed to file, within fourteen days of this order, a further affidavit clarifying (1) how much monthly income she generates from her rental properties; (2) the amount of money she has in cash or in a checking or savings account; and (3) the value of the assets she owns. The court will then resume consideration of plaintiff's application to proceed in forma pauperis.*fn2

SO ORDERED.


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