Tiffany Harrison Shabazz, et al. v. Mercy San Juan Medical Center, et al.

Summary

The United States District Court for the Eastern District of California denied Plaintiff Tiffany Harrison Shabazz’s motion to proceed in forma pauperis without prejudice. The court found that the financial information provided was insufficient to establish eligibility, permitted Plaintiff to renew the application or pay the filing fee within 21 days, and cautioned that failure to do so could lead to a recommendation of dismissal.

Holdings

1. An applicant for in forma pauperis status must allege poverty with particularity, definiteness, and certainty, and expenses that are not necessities of life may undermine a claim of inability to pay. Plaintiff's application did not make a sufficient showing, so the motion was denied without prejudice.
2. A pro se parent or guardian cannot bring an action on behalf of minor children without retaining a lawyer.

Questions Presented

1. Whether Plaintiff's financial application sufficiently demonstrated poverty and inability to pay the filing fee to qualify for in forma pauperis status under 28 U.S.C. § 1915.
2. Whether a pro se parent may bring an action on behalf of minor children without retaining counsel.

Disposition

other