Bynes v. Solano County

UNITED STATES DISTRICT COURT

FOR THE EASTERN DISTRICT OF CALIFORNIA

Lavirrise Bynes, No. 2:21-cv-01537-KJM-AC Plaintiff, ORDER v.

Solano County, et al.,

1S Defendants.

Plaintiff Lavirrise Bynes moves to proceed in forma pauperis (IFP). See Mot., ECF No. 2. Plaintiffs motion is granted.

All parties instituting any civil action in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee of $400. See 28 U.S.C. § 1914 □□□□ The action may proceed despite a plaintiff's failure to prepay the entire fee only if the plaintiff is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all of his or her assets, showing that he or she is unable to pay the fees. See 28 U.S.C. § 1915(a).

The affidavit filed with plaintiff's motion shows that she has no money in a savings account and owns no property. She receives $900 a month in social security, but does not delineate her list of expenses. She does state she supports her 13 year old son. The $400 filing fee would thus represent close to half of her monthly salary, and close to five percent of her yearly income. It appears to this court she cannot pay court costs while affording the “necessities of life.” Adkins v. EI. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). Therefore, the motion is granted. This order resolves ECF No. 2.

IT IS SO ORDERED.

DATED: September 14, 2021. l ti / ¢ is

CHIEF NT] ED STATES DISTRICT JUDGE