United States District Court, E.D. California
FINDINGS AND RECOMMENDATIONS RECOMMENDING DENYING IFP
REQUEST AND SETTING PAYMENT SCHEDULE
CAROLYN K. DELANEY UNITED STATES MAGISTRATE JUDGE
This
matter was referred to the undersigned under Local Rule
302(c)(21). Pending before the court is plaintiff's
motion for leave to proceed in forma pauperis under 28 U.S.C.
§ 1915 (authorizing the commencement of an action
“without prepayment of fees or security” by a
person that is unable to pay such fees). (ECF No. 2.)
On
December 3, 2019, plaintiff, proceeding without counsel,
commenced this action and requested leave to proceed in forma
pauperis. (ECF Nos. 1-2.)
At
present, the filing fee to commence a civil case in this
court is $400.00. 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 financial declaration indicates he has a
combined monthly income of $5, 984.00. (ECF No. 2 at 1.)
According to the United States Department of Health and Human
Services, the poverty guideline for a household of 4 persons
(not in Alaska or Hawaii) is $21, 330.00 for 2019.
See
https://aspe.hhs.gov/poverty-guidelines. Thus,
plaintiff's annual gross household income of $71, 808.00
is over 330% of the 2019 poverty guideline. Additionally,
although plaintiff is still making mortgage payments, he and
his spouse are the owners of a home with an approximate value
of $370, 000.00; and two cars worth $19, 000.00. (ECF No. 2
at 3.) As a result, the court finds that plaintiff does not
qualify for a waiver of the $400.00 filing fee.
Nevertheless,
the court is also cognizant that plaintiff has relatively
little in the way of post-expenses income, and that a
one-time $400 payment may represent a significant strain on
his monthly budget. Plaintiff claims regular combined monthly
expenses of $6, 691.00. (ECF No. 2 at 4-5.) Plaintiff also
states he and his spouse provide support for two children,
expenses for which vary from month to month. (Id. at
5.) Thus, after plaintiff's listed expenses are deducted
from his net income, he does not have any remaining
expendable income.
To be
sure, the court is sympathetic to the fact that plaintiff
does not appear to have a large income and plaintiff also has
several expenses to contend with. However, numerous litigants
in this court have significant monthly expenditures and may
have to make difficult choices as to which expenses to incur,
which expenses to reduce or eliminate, and how to apportion
their income between such expenses and litigating an action
in federal court. Such difficulties alone, however, do not
amount to indigency.
Therefore,
the court finds it appropriate to instead recommend requiring
monthly payments of $50.00 until the $400.00 filing fee is
paid in full on the schedule outlined below. The court with
further recommend that once plaintiff's first payment is
made, the court shall direct service of the complaint on the
named defendant.
Accordingly,
IT IS HEREBY RECOMMENDED that:
1.
Plaintiff's motion to proceed in forma pauperis (ECF No.
2) be denied;
2.
Plaintiff be directed to pay the filing fee of $400.00 on an
installment schedule, with $50.00 payments to the Clerk of
Court due on the following deadlines:
February 1, 2020
March 1, 2020
April 1, ...