Foley v. Stuart

Opinion

2 UNITED STATES DISTRICT COURT

3 DISTRICT OF NEVADA

4 * * *

5 Michael Foley, Case No. 2:20-cv-01874-APG-BNW

6 Plaintiff, ORDER 7 v.

8 Georgina Stuart, et al.

9 Defendants.

10 11 Before the Court is plaintiff Michael Foley’s application to proceed in forma pauperis 12 (ECF No. 1). Foley’s application is incomplete and the Court will therefore deny it without 13 prejudice. Foley may file a new application by December 4, 2020. 14 A plaintiff can commence an action without paying the filing fees if she submits an 15 affidavit stating that she lacks sufficient funds. Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th 16 Cir. 2015). An application is sufficient if it alleges that the affiant cannot pay the court costs and 17 still afford the necessities of life. Id. (citing Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 18 331, 339 (1948)). If an application is incomplete, then the Court may lack sufficient information 19 to make this determination and the application can be denied. Patton v. England, No. CIV S-07- 20 0286 FCD GGH PS, 2007 WL 708885, at *1 (E.D. Cal. Mar. 6, 2007). 21 Foley’s application is defective in three respects. First, question 2 of the application asks 22 Foley to list his gross pay or wages, take-home pay or wages, and specify the pay period for those 23 wages. Id. at 1. Although Foley listed his gross and take-home pay, he failed to specify a pay 24 period (e.g., weekly, bi-weekly, monthly). Second, question 7 asks Foley to list all persons 25 dependent on him for support. Id. at 2. Foley left the answer to that question blank. Third, and 26 finally, question 8 asks Foley to list any debts and financial obligations. Id. Foley left this 27 answer blank, too. 1 Given these defects, Foley’s application is incomplete and the Court lacks sufficient 2 || information to determine whether Foley can pay court costs and still afford the necessities of life. 3 IT IS THEREFORE ORDERED that plaintiff Michael Foley’s application to proceed in 4 || forma pauperis (ECF No. 1) is DENIED without prejudice. By December 4, 2020, plaintiff must 5 || either (1) file a new application to proceed in forma pauperis or (2) pay the requisite $400 fee 6 || ($350 filing fee + $50 administrative fee) for filing a civil action. 7 IT IS FURTHER ORDERED that the Clerk of Court is directed to send plaintiff a copy of 8 || form AO 240 (IFP Application to Proceed Without Prepayment of Fees). 9 IT IS FURTHER ORDERED that failure to timely comply with this order may result in a 10 || recommendation to the district judge that this case be dismissed. 11 DATED: November 6, 2020. 12 Kx pr Lea WEEN □ BRENDA WEKSLER 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28