Bynes v. Solano County

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA | Lavirrise Bynes, No. 2:21-cv-01537-KJM-AC 12 Plaintiff, ORDER 13 v. Solano County, et al., 1S Defendants.

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

19 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 □□□□ 21 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).

26 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.

5 IT IS SO ORDERED.

6 DATED: September 14, 2021. l ti / ¢ is CHIEF NT] ED STATES DISTRICT JUDGE