Woodrow v. Kurtz

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA

JAMES WOODROW, Case No.: 3:21-cv-1236-L-KSC

Plaintiff, v.

ORDER ON MOTION FOR LEAVE

JOHN KURTZ, et al., TO PROCEED IN FORMA

Defendants. PAUPERIS (ECF 2) Pending before the Court is Plaintiff’s motion for leave to proceed in forma pauperis (“IFP”). For the reasons stated below, the Court DENIES the IFP motion.

Every party instituting a civil action, suit or proceeding in a district court of the United States, except an application for writ of habeas corpus, must pay a filing fee. 28

19 U.S.C. §1914(a). An 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).

Plaintiff receives $1,064 per month from government programs. (ECF 2). He has no other income. Id. His expenses each month are about $1,060. Id. But he has $4,500 in a savings account and $420 in a checking account. Id. Given that, Plaintiff has not shown he is unable to pay the civil filing fee. The Court therefore DENIES his motion without prejudice.

Plaintiff has until August 18, 2021 to either pay the filing fee or resubmit his motion showing why he is unable to pay it. Failure to comply with this Order will result in a dismissal without prejudice.

IT IS SO ORDERED.

Dated: August 4, 2021 pee ep?

H . James Lorenz, United States District Judge