Summary
The United States District Court for the Northern District of California orders plaintiff Randy Dewayne Pittman to submit a supplemental declaration concerning his application to proceed in forma pauperis. The Court identifies inconsistencies regarding his residency, sources of income, residence, and reported expenses. The supplemental declaration is due by August 15, 2025, and failure to submit it may result in analysis and possible denial of the application as filed.
Holdings
- A court may exercise discretion to make a factual inquiry into a plaintiff's claim of poverty and may require a supplemental declaration when the application and complaint contain inconsistent information relevant to the plaintiff's ability to pay.
Questions Presented
- Whether the court should require a supplemental declaration before deciding Plaintiff's application to proceed in forma pauperis.
- Whether inconsistencies between Plaintiff's IFP application and complaint justified a factual inquiry into his claimed inability to pay filing fees.
Disposition
other
Cases Cited (4)
- Elmer v. Comm'r of Soc. Sec., No. 22-cv-01045-SAB, 2022 WL 5237463, at *1 (E.D. Cal. Sept. 21, 2022)(followed)
- Rowland v. California Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 198 n.2 (1993)(followed)
- Balik v. City of Cedar Falls, No. 16-CV-04070-LHK, 2016 WL [citation truncated in source](followed)
- Escobedo v. Applebees, 787 F.3d 1226, 1236 (9th Cir. 2015)(followed)
Cited In (0)
No citing cases on record yet.
Court Document
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