Abera v. San Diego Pacificvu LLC

Summary

The United States District Court for the Southern District of California denied Aman Abera’s application to proceed in forma pauperis, granting leave to file a renewed application, and dismissed the action without prejudice for failure to pay the civil filing fee. The court also denied the plaintiff’s temporary restraining order application and related emergency motion as moot because the complaint was dismissed. The order was entered on June 10, 2025.

Holdings

1. An IFP application may be denied when the applicant's financial affidavit, considered under the totality of the available facts, does not adequately demonstrate an inability to pay the filing fee while affording the necessities of life. Plaintiff's reported income and expenses did not establish indigency.
2. When a plaintiff is denied IFP status and does not prepay the required civil filing fee, the action may be dismissed without prejudice, subject to the plaintiff's ability to proceed by paying the fee or submitting a properly supported renewed IFP application.
3. A temporary restraining order application is moot when the underlying complaint has been dismissed and no operative complaint remains on which to base the requested relief.

Questions Presented

1. Whether Plaintiff adequately demonstrated indigency to proceed in forma pauperis under 28 U.S.C. § 1915(a)(1).
2. Whether the action should be dismissed without prejudice for failure to pay the required civil filing fee after denial of the IFP application.
3. Whether Plaintiff's temporary restraining order application and related emergency motion remained justiciable after dismissal of the Complaint.

Disposition

dismissed