Summary
The United States District Court for the District of Nevada denied Jaimie Davis’s application to proceed in forma pauperis without prejudice because the submitted short-form application contained insufficient and unclear financial information. The court ordered Davis to submit a completed long-form application or pay the $405 filing fee by January 26, 2026, and struck her duplicate application from the docket.
Holdings
- The court could not determine plaintiff's in forma pauperis status because the application contained material omissions and unexplained financial information; the application was therefore properly denied without prejudice.
- The duplicate in forma pauperis application was stricken from the docket.
Questions Presented
- Whether plaintiff's short-form in forma pauperis application provided sufficient information for the court to determine whether she was unable to pay the filing fee.
- Whether the duplicate in forma pauperis application should be stricken from the docket.
Disposition
other
Cases Cited (10)
- Escobedo v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Marin v. Hahn, 271 F. App'x 578 (9th Cir. 2008)(followed)
- Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016)(distinguished)
- Greco v. NYE Cty. Dist. Jude Robert Lane, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493981, at *3 (D. Nev. Nov. 9, 2016)(followed)
- Greco v. Lake, No. 2:15-cv-001370-MMD-PAL, 2016 WL 7493963 (D. Nev. Dec. 30, 2016)(followed)
- Thomas v. Arn, 474 U.S. 140, 142 (1985)(followed)
- Martinez v. Ylst, 951 F.2d 1153, 1157 (9th Cir. 1991)(followed)
- Britt v. Simi Valley United Sch. Dist., 708 F.2d 452, 454 (9th Cir. 1983)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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