Summary
The United States District Court for the District of Arizona denied Jason Adam Jensen’s motion for reconsideration of the denial of his application to proceed in forma pauperis. The court held that Jensen had not shown manifest error or qualifying new facts and ordered him to pay the filing and administrative fees within 30 days, or face dismissal without prejudice.
Holdings
- Plaintiff did not establish manifest error or qualifying new facts that warranted reconsideration of the order denying his application to proceed in forma pauperis.
- A district court may deny an application to proceed in forma pauperis when the applicant's financial information does not establish indigence, including when the applicant has resources or expenses that could be reduced to pay the filing fee.
- The court was not required to search documents filed in plaintiff's other cases or consider his other pending cases and anticipated future liabilities when determining whether he was indigent in this case.
Questions Presented
- Whether plaintiff demonstrated manifest error or qualifying new facts warranting reconsideration of the denial of his application to proceed in forma pauperis.
- Whether plaintiff's asserted expenses and financial obligations established eligibility to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
- Whether the court was required to consider plaintiff's other pending cases, documents filed in those cases, or anticipated future housing and filing-fee obligations when evaluating his indigence in this case.
Disposition
other
Cases Cited (11)
- Barber v. Hawaii, 42 F.3d 1185, 1198 (9th Cir. 1994)(followed)
- United States v. Nutri-cology, Inc., 982 F.2d 394, 396 (9th Cir. 1992)(followed)
- King v. Dudek, No.: 25CV1148-BLM, 2025 WL 1594462, at *1 (S.D. Cal. May 7, 2025)(followed)
- Allen v. Kelley, 1995 WL 396860, at *2 (N.D. Cal. 1995)(followed)
- Ali v. Cuyler, 547 F. Supp. 129, 130 (E.D. Pa. 1982)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Evans v. Sherman, No. 119CV00760LJOJLTPC, 2019 WL 5377040, at *2 (E.D. Cal. Aug. 21, 2019)(followed)
- Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995)(followed)
- Taylor v. Kijakazi, No.: 23CV1040-BLM, 2023 WL 4038655, at *2 (S.D. Cal. June 15, 2023)(followed)
- Jenks v. Saul, No.: 20CV1432-BLM, 2020 WL 4464447, at *1 (S.D. Cal. Aug. 4, 2020)(distinguished)
Showing top 10 of 11.
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…