Duymayan v. Valley Hospital Medical Center

Opinion

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 MERT DUYMAYAN, 4 Case No. 2:25-cv-00729-GMN-NJK Plaintiff, 5 Order v. 6 [Docket No. 1] VALLEY HOSPITAL MEDICAL CENTER, 7 Defendant. 8 9 Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket 10 No. 1. 11 The Court may authorize the commencement of an action without prepayment of fees and 12 costs, or security therefor, by a person who has shown an inability to pay such costs. 28 U.S.C. § 13 1915(a)(1). A determination of whether the plaintiff has shown an inability to pay is a matter left 14 to the discretion of the Court. See, e.g., Flores v. Colvin, 2014 U.S. Dist. Lexis 93236, at *2 (D. 15 Nev. May 22, 2014), adopted, 2014 U.S. Dist. Lexis 93234 (D. Nev. July 9, 2014). While an 16 applicant need not be absolutely destitute to qualify for a waiver of costs and fees, the applicant 17 must demonstrate an inability to pay those costs while still providing for the necessities of life. 18 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The applicant’s affidavit 19 must state the facts regarding the individual’s poverty “with some particularity, definiteness and 20 certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (quoting Jefferson v. 21 United States, 277 F.2d 723, 725 (9th Cir. 1960)). “Such affidavit must include a complete 22 statement of the plaintiff’s personal assets.” Duymayan v. FBI Las Vegas, 2025 WL 1089504, at 23 *1 (D. Nev. Mar. 21, 2025) (quoting Harper v. San Diego City Admin. Bldg., 2016 U.S. Dist. 24 LEXIS 192145, at *1 (S.D. Cal. June 9, 2016)). If an individual is unable or unwilling to verify 25 his or her poverty, courts may make a factual inquiry into the applicant’s financial status and may 26 deny a request to proceed in forma pauperis. See McQuade, 647 F.2d at 940. “Misrepresentation 27 of assets is sufficient ground[] for denying an in forma pauperis application.” Duymayan, 2025 28 WL 1089504, at *1 (citing Kennedy v. Huibregtse, 831 F.3d 441, 443-44 (7th Cir. 2016)). ] The record in this case raises serious concerns as to the accuracy and completeness of the 2|| affidavit submitted. Plaintiff attests that he has no income of any kind. Docket No. 1 at 1. However, Plaintiff also attests that he has $1,415 in monthly expenses for housing, utilities, car 4] insurance, and food. /d. at 2. It is unclear how Plaintiff pays these bills if he, in fact, has no 5] income of any kind. Given this contradiction, the Court cannot determine whether Plaintiff 6] qualifies for in forma pauperis status. Plaintiff is well aware of the need to provide truthful, 7|| complete, and consistent answers if he wishes to proceed in forma pauperis. See Duymayan v. 8|| Discount Firearms & Ammo, LLC, et al., Case No. 2:25-cv-00227-JAD-NJK, Docket No. 7 at 2 9} (D. Nev. Apr. 14, 2025); see also Duymayan v. Elite Medical Center, LLC., Case No. 2:25-cv- 10] 00223-CDS-DJA, Docket No. 4 at 2 (D. Nev. Mar. 21, 2025) (denying Plaintiff's in forma 11] pauperis application without prejudice as it contained contradictory information); see also 12|| Duymayan v. FBI Las Vegas, Case No. 2:25-cv-00224-RFB-DJA, Docket No. 4 at 2 (D. Nev. Mar. 13] 21, 2025) (denying Plaintiff's in forma pauperis application without prejudice as it contained 14] contradictory information). 15 Accordingly, Plaintiff's application to proceed in forma pauperis is DENIED without prejudice. Docket No. 1. If Plaintiff wishes to avoid payment of the filing fee, he must complete 17| the long form application to proceed in forma pauperis. The Clerk’s Office is INSTRUCTED to 18] send Plaintiff the long form application to proceed in forma pauperis used by non-prisoners. All questions must be answered truthfully and completely. If Plaintiff attests to having no income, he must file a separate statement explaining how he pays his monthly bills without any source of income. This long form application to proceed in forma pauperis (and separate statement, as applicable) must be filed by May 29, 2025. In the alternative, Plaintiff may pay the full filing fee 23|| by May 29, 2025. 24 Failure to comply with this order may result in a recommendation of dismissal. 25 IT IS SO ORDERED. 26 Dated: May 12, 2025

United-States Magistrate Judge