Brendan Ngehsi Newanforbi v. Joseelyn Rojo, et al.

• Court: District Court, E.D. California
• Decided: May 20, 2026
• Docket: 2:26-cv-00193
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BRENDAN NGEHSI NEWANFORBI, No. 2:26-cv-00193-DC-CKD (PS) 12 Plaintiff, 13 v. ORDER DENYING PLAINTIFF’S IFP APPLICATION WITHOUT PREJUDICE 14 JOSEELYN ROJO, et al., 15 Defendant. 16 17 Plaintiff Brendan Ngehsi Newanforbi is proceeding in this action pro se.1 Plaintiff has 18 requested leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (ECF No. 2.) 19 Plaintiff’s IFP application will be denied without prejudice because Plaintiff’s IFP affidavit is 20 insufficient. 21 I. LEGAL STANDARDS 22 All parties instituting any civil action, suit or proceeding in any district court of the United 23 States, except an application for writ of habeas corpus, must pay a filing fee. See 28 U.S.C. § 24 1914(a). An action may proceed despite a party's failure to pay the filing fee only if the party is 25 granted leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a). See Andrews v. 26 Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. Civ. P. 72, 28 and Local Rule 302(c). 1 Cir. 1999). To qualify to proceed in forma pauperis, the litigant must submit an affidavit that 2 includes a statement of all assets they possess. 28 U.S.C. § 1915(a)(1). The affidavit must also 3 state that the person is unable to pay the fees or give security. Id. The affidavit must provide 4 “sufficient details concerning [the applicant’s] income, assets, and expenditures[.]” Williams v. 5 Cnty. of Ventura, 443 F. App’x 232, 233 (9th Cir. 2011) (citing United States v. McQuade, 647 6 F.2d 938, 940 (9th Cir. 1981) (an affidavit claiming poverty in support of a motion made under 7 28 U.S.C. § 1915 must state the relevant facts “with some particularity, definiteness, and 8 certainty”). 9 II. DISCUSSION 10 Plaintiff’s IFP application indicates he receives $0 in pay or wages. (ECF No. 2 at 1.) 11 Plaintiff further avers he has $0 in his checking or savings account. Id. at 2 ¶ 4. Plaintiff answers 12 “[n]one” when answering whether: Plaintiff owns “any automobile, real estate, stock, bond, 13 security, trust, jewelry, art work, or other financial instrument or thing of value;” Plaintiff has 14 “[a]ny housing, transportation, utilities, or loan payments or other regular monthly expenses;” and 15 Plaintiff provides support to “persons who are dependent on [him] for support” and how much 16 Plaintiff contributes to their support. Id. at 2 ¶¶ 5-7. Plaintiff lists approximately $21,000 to 17 $22,000 in “[a]ny debts or financial obligations,” on a charged-off auto loan, as well as $1,100 18 owed to Capital One Bank, $674 owed to Credence Resource Management, $280 to Kikoff, and 19 $84 owed to Merrick Bank. Id. at 2 ¶ 8. However, Plaintiff fails to disclose whether he receives 20 other income from “Business, profession, or other self-employment,” “Rent payments, interests, 21 or dividends,” “Pension, annuity, or life insurance payments,” “Disability, or worker’s 22 compensation payments,” “Gifts, or inheritances,” or “Any other sources.” Id. at 1 ¶¶ 3(a)-(f). 23 Because of these omissions, Plaintiff's IFP application fails to establish that he is entitled to 24 prosecute this case without paying the required fees. The Court will provide Plaintiff an 25 opportunity to file an amended IFP application. Therefore, Plaintiff’s request to proceed in forma 26 pauperis (ECF No. 2) is DENIED without prejudice to its renewal in proper form. See Williams, 27 443 F. App’x at 233. 28 / / / 1 I. CONCLUSION 2 For the reasons explained above, IT IS HEREBY ORDERED that: 3 1. Plaintiff's request to proceed in forma pauperis (ECF No. 2) is DENIED without 4 prejudice; and 5 2. Plaintiff may file his renewed IFP application, or pay the required filing fee, 6 within thirty (30) days from the date of this order. If Plaintiff fails to timely 7 comply with this order, the undersigned will recommend that this action be 8 dismissed for failure to prosecute. 9 | Dated: May 20, 2026 □□ I / dip Ze

11 UNITED STATES MAGISTRATE JUDGE 12 || 7, newa26ev193 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28