(PS) Allahyar v. Momand

Summary

The document contains findings and recommendations by a United States magistrate judge in a pro se civil action. It recommends denying the plaintiff’s application to proceed in forma pauperis and dismissing the action without prejudice because the plaintiff failed to pay the filing fee or submit a renewed application after being warned. The parties were advised of the fourteen-day period for filing objections.

Holdings

1. The findings and recommendations recommend denying plaintiff's motion to proceed in forma pauperis because plaintiff did not demonstrate inability to pay and did not submit a renewed application after being ordered to do so.
2. The findings and recommendations recommend dismissing the action without prejudice for failure to pay the filing fee after the court ordered plaintiff to pay or renew the IFP application.

Questions Presented

1. Whether the plaintiff's application to proceed in forma pauperis should be denied because the affidavit did not establish inability to pay.
2. Whether the action should be dismissed without prejudice for failure to pay the filing fee after the court ordered plaintiff to do so or submit a renewed IFP application.

Disposition

other