Summary
The United States District Court for the District of Idaho denied Trever O. Dustin’s application to proceed in forma pauperis. The court found that his income, savings, assets, and disposable income indicated he could pay the filing fee without being deprived of basic necessities, while allowing him 28 days to pay the fee or submit an updated application.
Holdings
- Dustin did not qualify for in forma pauperis status because his financial information showed that he could pay the filing fee while still supporting his basic living expenses.
- The denial of Dustin's application was without prejudice, allowing him to resubmit the application if he omitted expenses or if his financial circumstances changed.
Questions Presented
- Whether Dustin demonstrated sufficient poverty to qualify for leave to proceed in forma pauperis under 28 U.S.C. § 1915(a).
- Whether payment of the filing fee would deprive Dustin of the necessities of life.
Disposition
other
Cases Cited (4)
- Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015)(followed)
- O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990)(followed)
- Lint v. City of Boise, No. CV09-72-S-EJL, 2009 U.S. Dist. LEXIS 38930, 2009 WL 1149442, at *2 (D. Idaho Apr. 28, 2009)(followed)
- Campos v. Saul, No. 1:19-cv-00248-REB, 2019 U.S. Dist. LEXIS 248175, 2019 WL 13251985, at *1 (D. Idaho July 11, 2019)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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