(SS) Hopkins v. Commissioner of Social Security

8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA SUNDRA PETRICE HOPKINS, No. 2:25-cv-01371 CKD 12 Plaintiff, 13 v. ORDER COMMISSIONER OF SOCIAL SECURITY, Defendant.

Plaintiff is proceeding through counsel. Plaintiff has filed an in forma pauperis affidavit in which she states that her monthly income is approximately $3,600.

Pursuant to federal statute, a filing fee of $355.00 is required to commence a civil action in federal district court. 28 U.S.C. § 1914(a). In addition, a $50.00 general administrative fee for civil cases must be paid. 28 U.S.C. § 1914(b). The court may authorize the commencement of an action “without prepayment of fees and costs or security therefor, by a person who makes affidavit that he is unable to pay such costs or give security therefor.” 28 U.S.C. § 1915(a).

In her application, plaintiff lists no dependents. Her annual income is approximately $43,200. According to the January 2024 federal poverty guidelines issued by the U.S. Department of Health and Human Services (HHS), a person with a yearly income of $43,200 is at nearly 300% of the poverty rate. Plaintiff’s income shows that plaintiff is able to pay the filing | fee and costs. Thus, plaintiff has made an inadequate showing of indigence. See Alexander v. | Carson Adult High Sch., 9 F.3d 1448 (9th Cir. 1993); California Men’s Colony v. Rowland, 939 || F.2d 854, 858 (9th Cir. 1991); Stehouwer v. Hennessey, 841 F. Supp. 316, (N.D. Cal. 1994).

4 Accordingly, IT IS HEREBY ORDERED that plaintiff's motion to proceed in forma || pauperis (ECF No. 2) is denied. Plaintiffis granted fourteen days in which to submit the || appropriate fees to the Clerk of the Court. Plaintiff is cautioned that failure to pay the filing and || general administrative fees in the amount of $405 will result in a recommendation that the instant || action be dismissed without prejudice.

9 | Dated: May 28, 2025 □□ I / dip Ze 10 CAROLYN DELANEY 11 UNITED STATES MAGISTRATE JUDGE || 2/hopk1371.ifp.den