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Lorene Foreman and Earnest A. Foreman v. Robert Freedman

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA


July 7, 2011

LORENE FOREMAN AND EARNEST A. FOREMAN, PLAINTIFFS,
v.
ROBERT FREEDMAN, TAYLOR WILLIAMS, JULIE DONG, REMAX REALTY, 3960 ARIZONA STREET, FIRST LIGHT PROPERTIES, AND DOES 1-25, INCLUSIVE, DEFENDANTS.

The opinion of the court was delivered by: Hon. Michael M. Anello United States District Judge

ORDER DENYING MOTION TO PROCEED IN FORMA PAUPERIS [Doc. No. 2]

On May 31, 2011, Plaintiffs Lorene Foreman and Earnest Foreman filed a complaint against Defendants Robert Freedman, et al. [Doc. No. 1.] Plaintiff Lorene Foreman also filed the presently pending motion to proceed in forma pauperis ("IFP").*fn1 [Doc. No. 2]

All parties instituting a civil action, suit, or proceeding in a district court of the United States, other than a petition for writ of habeas corpus, must pay a filing fee of $350. 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay only if the party is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). "To proceed in forma pauperis is a privilege not a right." Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). It is incumbent upon the Court to "assure that federal funds are not squandered to underwrite, at public expense, . . . the remonstrances of a suitor who is financially able, in whole or in material part, to pull his own oar." Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). Thus, the Court may deny IFP status to an applicant who can pay the filing fee with acceptable sacrifice to other expenses. See, e.g., Ali v. Cuyler, 547 F. Supp. 129, 130 (E.D. Pa. 1982) (denying IFP application because plaintiff possessed savings of $450, "more than sufficient to allow the plaintiff to pay the filing fee in this action").

After reviewing Plaintiff Lorene Forman's motion, the Court concludes it is not outside of her means to pay the costs of commencing this action. In her affidavit, Plaintiff attests she receives income from social security. She also has $1,500 in savings in her checking account. Plaintiff does not support any dependents, nor does she list any debts. Although her income and savings are not substantial, they demonstrate that she "not unable pay such fees" as required to commence this action. 28 U.S.C. § 1915(a).

Based on the foregoing, Plaintiffs have not satisfied the indigency requirements of 28 U.S.C. § 1915(a)(1). Accordingly, Plaintiff Lorene Foreman's Motion to Proceed In Forma Pauperis is DENIED. Plaintiffs shall pay the requisite $350 filing fee within fourteen days of the date of this Order. If Plaintiffs do not submit payment, this case shall remain closed without further Order of the Court.

IT IS SO ORDERED.


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