Summary
The United States Magistrate Judge recommends denying Stephen Favis’s motion to proceed in forma pauperis and dismissing the action without prejudice. The recommendation is based on Plaintiff’s failure to provide sufficient financial information, comply with the Court’s order to supplement the application, or pay the filing fee. The findings and recommendations advise the parties of the fourteen-day period for filing objections.
Holdings
- Plaintiff did not provide sufficient information to establish entitlement to proceed in forma pauperis, and his motion should be denied.
- Because Plaintiff was not entitled to IFP status and did not pay the filing fee, the action should be dismissed without prejudice.
Questions Presented
- Whether Plaintiff established eligibility to proceed in forma pauperis.
- Whether the action should be dismissed without prejudice when Plaintiff failed to adequately support the IFP application, failed to comply with the order to supplement it, and failed to pay the filing fee.
Disposition
dismissed
Cases Cited (3)
- Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015)(followed)
- Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999)(followed)
- Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
Open PDFLoading document…