Cleveland Lovett III v. Ricky Meyers, The Colony Homeowners Association

• Court: District Court, D. Nevada
• Decided: May 20, 2026
• Docket: 2:26-cv-01460
• Status: Unknown

Opinion

1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 * * *

4 CLEVELAND LOVETT III, Case No. 2:26-cv-01460-APG-EJY

5 Plaintiff, ORDER 6 v.

7 RICKY MEYERS, THE COLONY HOMEOWNERS ASSOCIATION, 8 Defendants. 9 10 Pro se Plaintiff Cleveland Lovett III filed an application to proceed in forma pauperis (“IFP”) 11 along with a Complaint. ECF Nos. 1, 1-1. Because Plaintiff’s IFP application is incomplete, 12 Plaintiff must submit a complete long form IFP application1 before the Court screens his Complaint. 13 Under 28 U.S.C. § 1915(a)(1), a plaintiff may bring a civil action “without prepayment of 14 fees or security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff 15 “is unable to pay such fees or give security therefor.” As explained by Harper v. San Diego City 16 Admin. Bldg., Case No. 16-cv-00768 AJB (BLM), 2016 U.S. Dist. LEXIS 192145, at 1 (S.D. Cal. 17 June 9, 2016), the financial “affidavit must include a complete statement of the plaintiff’s personal 18 assets.” The Ninth Circuit recognizes “there is no formula set forth by statute, regulation, or case 19 law to determine when someone is poor enough to earn IFP status.” Escobedo v. Applebees, 787 20 F.3d 1226, 1235 (9th Cir. 2015). 21 An applicant need not be destitute to qualify for a waiver of costs and fees, but he must 22 demonstrate that because of his poverty he cannot pay those costs and still provide herself with the 23 necessities of life. Adkins v. E.I DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The 24 applicant’s affidavit must state the facts regarding the individual’s poverty “with some particularity, 25 definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (citation 26 omitted). Misrepresentation of assets is sufficient grounds, by itself, for denying an in forma

27 1 Though the Court orders the Clerk of Court to mail Plaintiff a copy of the long form IFP application, Plaintiff 1 pauperis application. Cf. Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016) (affirming 2 dismissal with prejudice after litigant misrepresented assets on in forma pauperis application). If 3 the court determines that an individual’s allegation of poverty is untrue, “it shall dismiss the case.” 4 28 U.S.C. § 1915(e)(2). If an individual is unable or unwilling to verify her poverty, district courts 5 have the discretion to make a factual inquiry into a plaintiff’s financial status and to deny a request 6 to proceed in forma pauperis. See, e.g., Marin v. Hahn, 271 Fed.Appx. 578 (9th Cir. 2008) (finding 7 that the district court did not abuse its discretion by denying the plaintiff’s request to proceed IFP 8 because he “failed to verify his poverty.”). 9 Here, Plaintiff’s IFP application is, at best, incomplete. Plaintiff submitted the Short Form 10 IFP application and answered every question, including his wages and housing expenses with “N/A.” 11 ECF No. 1 at 1-2. There is reason to doubt the accuracy of these answers; Plaintiff states in his 12 Complaint that he is a homeowner and brings claims against his Homeowners Association. ECF 13 No. 1-1 at 2. An individual cannot live on zero dollars, which is what Plaintiff professes. In sum, 14 the Court cannot determine if Plaintiff qualifies for in forma pauperis relief and, therefore, finds 15 Plaintiff’s IFP application must be denied. 16 Accordingly, and based on the foregoing, IT IS HEREBY ORDERED that Plaintiff’s 17 application to proceed in forma pauperis (ECF No. 1) is DENIED without prejudice. 18 IT IS FURTHER ORDERED that Plaintiff has one opportunity to file a complete long form 19 IFP application. The application must be filed no later than June 3, 2026. All questions must be 20 answered. Upon receipt of a completed IFP application that allows the Court to assess Plaintiff’s 21 ability to prepay the filing fees for commencing a civil action, the Court will issue an order or 22 recommendation regarding how the case may proceed. 23 IT IS FURTHER ORDERED that the Court will retain, but not file Plaintiff’s Complaint 24 unless and until Plaintiff timely files a complete IFP application. 25 IT IS FURTHER ORDERED that the Clerk of the Court will send Plaintiff the approved 26 long form application to proceed in forma pauperis by a non prisoner, as well as the document 27 entitled information and instructions for filing an in forma pauperis application. 1 IT IS FURTHER ORDERED that if Plaintiff fails to comply with this Order, either by failing 2 to submit the long form IFP application or failing to complete the form in its entirety, the Court will 3 recommend this matter be dismissed in its entirety. 4 Dated this 20th day of May, 2026.

5 ELAYNA J. YOUCHAH 6 UNITED STATES MAGISTRATE JUDGE 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27