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Maria Socorro Caballero v. Commissioner of Social Security

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


January 14, 2013

MARIA SOCORRO CABALLERO, PLAINTIFF,
v.
COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Kendall J. Newman United States Magistrate Judge

ORDER

Plaintiff, who is represented by an attorney, filed her complaint without paying the applicable filing fee.*fn1 Instead, plaintiff filed an application to proceed in forma pauperis (Dkt. No. 3).

Plaintiff's declaration in support of her application to proceed in forma pauperis indicates that she and her husband own a house valued at approximately $150,000 (on which they make $600 monthly mortgage payments) and that she owns a separate rental property with her daughter that is valued at approximately $100,000 (on which she and her daughter make monthly mortgage payments of $791, but receive monthly rent of $1,400). (Dkt. No. 3 at 2.) The declaration further reflects that plaintiff and her husband own two vehicles together with a combined value of $3,500 and that she has a bank account with approximately $1,500. (Id.)

Pursuant to federal statute, a filing fee of $350 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" by a person that is unable to pay such fees or provide security therefor. 28 U.S.C. § 1915(a)(1). Plaintiff's declaration does not demonstrate that she is unable to pay the initial filing fee. Thus, plaintiff has made an inadequate showing of indigency. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); Alexander v. Carson Adult High Sch., 9 F.3d 1448, 1449 (9th Cir. 1993).

For the foregoing reasons, IT IS HEREBY ORDERED that:

1. Plaintiff's application to proceed in forma pauperis (dkt. no. 3) is denied without prejudice.

2. Within 28 days of the date of this order, plaintiff shall pay the applicable filing fee or file an amended application to proceed in forma pauperis that adequately explains why plaintiff is unable to pay the initial filing fee despite her assets outlined above. Plaintiff's failure to pay the filing fee or file an amended application by the above deadline will result in a recommendation that plaintiff's complaint be dismissed pursuant to Federal Rule of Civil Procedure 41(b), and shall also constitute plaintiff's consent to such involuntary dismissal.

IT IS SO ORDERED.


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