Firsov v. United Airlines, Inc

Opinion

1 UNITED STATES DISTRICT COURT 2 NORTHERN DISTRICT OF CALIFORNIA 3 4 SERGEY FIRSOV, Case No. 25-cv-03784-SVK 5 Plaintiff, ORDER DENYING PLAINTIFF'S 6 v. MOTION FOR RECONSIDERATION 7 UNITED AIRLINES, INC, et al., Re: Dkt. No. 8 8 Defendants. 9 On May 28, 2025, the Court denied Plaintiff Sergey Firsov’s application to proceed in 10 || forma pauperis (“IFP”) and set a deadline of June 18, 2025 for Plaintiff to pay the filing fee. 11 Dkt. 7 — the “IFP Order.” Now before the Court is Plaintiffs motion for reconsideration of the 12 || IFP Order. Dkt. 8. Having considered the additional material provided by Plaintiff, the Court 13 || DENIES his motion to reconsider the IFP Order. “[T]here is no formula set forth by statute, 14 || regulation, or case law to determine when someone is poor enough to earn IFP status.” Escobedo 3 15 v. Applebees, 787 F.3d 1226, 1235 (9th Cir. 2015). However, as explained in the Court’s order 16 || denying Plaintiff's IFP application, “a plaintiff seeking IFP status must allege poverty ‘with some = 17 || particularity, definiteness and certainty.’” Jd. at 1234 (quoting United States v. McQuade, 647 18 F.2d 938, 940 (9th Cir. 1981)); see also Dkt. 7. In light of Plaintiffs resources, he has not shown 19 || that he could not afford to pay the Court filing fee if he adjusted or deferred other of his 20 || discretionary expenses. Accordingly, the June 18, 2025 deadline for Plaintiff to pay the filing fee 21 || remains in place. If Plaintiff fails pay the fee by June 18, 2025, the Court will issue an order that 22 || this case be reassigned to a District Judge with a recommendation that the case be dismissed 23 || without prejudice. 24 SO ORDERED. 25 Dated: June 5, 2025 26 21 Seo yet 28 SUSAN VAN KEULEN United States Magistrate Judge