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Alison M. Abels v. Bank of America

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


December 13, 2011

ALISON M. ABELS, PLAINTIFF,
v.
BANK OF AMERICA, N.A., ET AL., DEFENDANTS.

ORDER

Plaintiff, proceeding in pro se, originally requested leave to proceed in forma pauperis in this action pursuant to 28 U.S.C. § 1915.*fn1 Dckt. No. 2. Section 1915 authorizes the commencement of an action without prepayment of fees and costs or security therefor, by a person who submits an affidavit showing that she is unable to pay such costs or give security therefor.*fn2 28 U.S.C. § 1915(a)(1); Martinez v. Kristi Kleaners, Inc., 364 F.3d 1305, 1307 (11th Cir. 2004) (citing Adkins v. E.I. Du Pont de Nemours & Co., 335 U.S. 331, 339-40 (1948) (stating that an in forma pauperis applicant must demonstrate that because of her poverty, she cannot meet court costs and still provide herself and her dependents with the necessities of life. .

Here, although plaintiff originally submitted an affidavit in support of her application to proceed in forma pauperis, on December 5, 2011, she paid the $350.00 filing fee. In light of that payment, plaintiff's application to proceed in forma pauperis, Dckt. No. 2, is deemed withdrawn. However, if plaintiff is unable to pay other costs associated with this action, she may re-file her application to proceed in forma pauperis. Any further in forma pauperis application must indicate which court costs plaintiff is unable to pay and must be supported by an affidavit showing that she is unable to pay those costs.

SO ORDERED.


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