Summary
The United States District Court for the District of Nevada denies Farley Thomas III’s application to proceed in forma pauperis without prejudice. The court finds that the Short Form application contains deficiencies and orders plaintiff either to submit a complete Long Form application or pay the full $405 filing fee by January 14, 2026.
Holdings
- The application was insufficient because it contained illegible or incomplete information and did not provide enough detail for the court to determine plaintiff's financial status and inability to pay.
- The application was denied without prejudice, and plaintiff was permitted either to file a complete Long Form application curing the identified deficiencies or to pay the full filing fee.
Questions Presented
- Whether plaintiff's Short Form in forma pauperis application sufficiently demonstrated that he was unable to pay the filing fee.
- Whether the court should allow plaintiff to cure deficiencies in the application by submitting a completed Long Form application or paying the filing fee.
Disposition
other
Cases Cited (11)
- 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 Fed. App'x 578 (9th Cir. 2008)(followed)
- Harper v. San Diego City Admin. Bldg., No. 16cv00768 AJB (BLM), 2016 U.S. Dist. LEXIS 192145, at 1 (S.D. Cal. June 9, 2016)(followed)
- Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016)(followed)
- Greco v. NYE Cty. Dist. Judge Robert Lane, No. 215CV01370MMDPAL, 2016 WL 7493981, at 3 (D. Nev. Nov. 9, 2016)(followed)
- Greco v. Lake, No. 215CV001370MMDPAL, 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)
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Court Document
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