Filed: Mar. 04, 2016
Latest Update: Mar. 04, 2016
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiffs Clark Vandeventer and Monica Vandeventer, who are married to one another, have requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (ECF No. 6.) 1 On February 24, 2016, the presiding district court judge referred this matter to the undersigned for the express purpose of addressing these applications only. (ECF No. 5.) Plaintiff Clark Vandeventer's declaration and attachments in support of his application to pr
Summary: ORDER KENDALL J. NEWMAN , Magistrate Judge . Plaintiffs Clark Vandeventer and Monica Vandeventer, who are married to one another, have requested leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915. (ECF No. 6.) 1 On February 24, 2016, the presiding district court judge referred this matter to the undersigned for the express purpose of addressing these applications only. (ECF No. 5.) Plaintiff Clark Vandeventer's declaration and attachments in support of his application to pro..
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ORDER
KENDALL J. NEWMAN, Magistrate Judge.
Plaintiffs Clark Vandeventer and Monica Vandeventer, who are married to one another, have requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. (ECF No. 6.)1 On February 24, 2016, the presiding district court judge referred this matter to the undersigned for the express purpose of addressing these applications only. (ECF No. 5.)
Plaintiff Clark Vandeventer's declaration and attachments in support of his application to proceed in forma pauperis states that he is employed by Leadership Care Services and earns wages of $5,417.00 per month. (ECF No. 6 at 3-4.) Plaintiff Monica Vandeventer's declaration and attachments in support of her application to proceed in forma pauperis states that she is employed by Montie Wayne Sheet Metal Inc. and earns wages of $1020.00 per month. (ECF No. 6 at 1-2.) Additionally, plaintiffs provide in their attachments that they have two additional sources of income for an additional $520.00 per month. (ECF No 6-1 at 1.) Based on these representations, the plaintiffs have a gross annual income of $83,484.00.2 Plaintiffs have three minor dependents. (ECF No. 6 at 2, 4.)
According to the United States Department of Health and Human Services, the poverty guideline for a household of 5 people not residing in Alaska or Hawaii is $28,440 for 2016. See https://federalregister.gov/a/2016-01450. Thus, with a stated annual gross income of approximately $83,484.00, plaintiffs' income is more than 290% of the 2016 poverty guideline. To be sure, plaintiffs' applications demonstrate that they have various monthly expenditures, both personal and business, as well as significant debts. (ECF No. 6-1 at 1.) 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. Indeed plaintiffs' own monthly budget indicates a surplus which would meet the filing fee after a number of months without any changes to the plaintiffs' current expenditures. (Id.) Such difficulties in themselves simply do not amount to indigency.
Presently, a filing fee of $400 is required to commence a civil action in this court. 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). Here, while the court is sympathetic to the fact that plaintiffs have other expenses to pay, plaintiffs' declaration nonetheless shows that they earn $83,484.00 per year—over 290% of the 2016 poverty guideline. Thus, plaintiffs have 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. Plaintiffs' applications to proceed in forma pauperis (ECF No. 6) are denied without prejudice.
2. Within 28 days of this order, plaintiffs shall pay the applicable filing fee or file an amended application demonstrating their entitlement to proceed in forma pauperis if they can do so in good faith in light of the court's above observations.
3. Plaintiffs' failure to pay the filing fee or file an amended application by the above deadline will result in a recommendation that plaintiffs' complaint be dismissed without prejudice pursuant to Federal Rule of Civil Procedure 41(b).
4. This matter is referred back to the presiding district judge for further proceedings consistent with the Federal Rules of Civil Procedure and this court's Local Rules.
IT IS SO ORDERED.
