Summary
The United States District Court for the Eastern District of California denied without prejudice Byron William Baldwin’s application to proceed in forma pauperis. The court found that the application did not adequately specify the plaintiff’s income or identify his expenses and therefore did not establish an inability to pay the filing fee. The plaintiff was granted 30 days to submit a completed application or pay the filing fee.
Holdings
- An IFP application is insufficient under 28 U.S.C. § 1915(a)(1) when it does not provide sufficiently specific information about income and does not identify expenses, debts, or other financial obligations from which the court can determine whether payment of filing fees would cause financial hardship.
- When an IFP application is deficient because it lacks adequate financial information, the court may deny it without prejudice and allow the plaintiff to submit a completed application within a specified period or pay the filing fee.
Questions Presented
- Whether plaintiff's in forma pauperis application adequately demonstrated an inability to pay the filing fee under 28 U.S.C. § 1915(a)(1).
- Whether the application should be denied without prejudice and plaintiff permitted to submit a more complete application or pay the filing fee.
Disposition
other
Cases Cited (8)
- Neitzke v. Williams, 490 U.S. 319 (1989)(followed)
- Erickson v. Pardus, 551 U.S. 89 (2007)(followed)
- Scheuer v. Rhodes, 416 U.S. 232 (1974)(followed)
- Haines v. Kerner, 404 U.S. 519 (1972)(followed)
- Western Mining Council v. Watt, 643 F.2d 618 (9th Cir. 1981)(followed)
- Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007)(followed)
- Ashcroft v. Iqbal, 556 U.S. 662 (2009)(followed)
- Akhtar v. Mesa, 698 F.3d 1202 (9th Cir. 2012)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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