Summary
The Eastern District of California ordered the plaintiffs to pay the filing and administrative fees within 30 days after finding that their in forma pauperis applications did not establish inability to pay. The order also noted that pro se plaintiffs cannot represent a class action without counsel.
Holdings
- Plaintiffs failed to make the requisite showing of poverty under 28 U.S.C. § 1915(a), and the court ordered them to pay the filing and administrative fees within thirty days.
- Plaintiffs proceeding without counsel cannot bring the action as a class action or represent absent class members.
Questions Presented
- Whether the plaintiffs demonstrated inability to pay the filing and administrative fees required to proceed in forma pauperis.
- Whether pro se plaintiffs may bring a class action or represent absent class members without counsel.
Disposition
other
Cases Cited (8)
- Darden v. Indymac Bancorp, Inc., No. CIV S-09-2970 JAM DAD, 2009 WL 5206637, at *1 (E.D. Cal. Dec. 23, 2009)(followed)
- Hampton v. City of Pomona Police Department, No. 2:22-cv-09430-FWS-ADS, 2023 WL 3317063, at *1 (C.D. Cal. Jan. 12, 2023)(cited)
- United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981)(followed)
- Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015)(followed)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948)(followed)
- McShane v. United States, 366 F.2d 286, 288 (9th Cir. 1966)(followed)
- C.E. Pope Equity Trust v. United States, 818 F.2d 696, 697 (9th Cir. 1987)(followed)
- Rudgayzer v. Yahoo! Inc., 2012 WL 5471149, at *4-5 (N.D. Cal. Nov. 9, 2012)(cited)
Cited In (0)
No citing cases on record yet.
Court Document
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