Summary
The United States District Court for the Eastern District of California denied Erik Burdett Pyle’s application to proceed in forma pauperis without prejudice. The court found the application inconsistent and insufficient because it reported no ownership of real property, while the complaint indicated that Plaintiff owned a farm and/or ranch, and allowed 30 days to file a renewed application.
Holdings
- An IFP application may be denied when the applicant's affidavit is inconsistent with statements in the complaint concerning assets and therefore does not adequately establish inability to pay the filing fee.
Questions Presented
- Whether plaintiff's inconsistent IFP affidavit sufficiently established that he was unable to pay the filing fee under 28 U.S.C. § 1915(a)(1).
Disposition
other
Cases Cited (6)
- Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007)(followed)
- Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999)(followed)
- Williams v. County of Ventura, 443 F. App'x 232, 233 (9th Cir. 2011)(followed)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Strojnik v. Panera Bread Company, 2022 WL 2287274, at *3 (E.D. Cal. June 24, 2022)(followed)
- Strojnik v. Panera Bread Company, 2022 WL 2609456 (E.D. Cal. July 8, 2022)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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