In Re: Mamady Cisse

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IN RE Case No.: 23-CV-1781-JO-JLB CISSE, 12 Debtor. ORDER: (1) DENYING REQUEST 13 TO PROCEED IN FORMA PAUPERIS AND (2) DISMISSING 14 MAMADY CISSE, ACTION FOR FAILURE TO PAY 15 THE REQUIRED FILING FEE BY 28 Appellant, U.S.C. § 1914(a) 16 v. 17 THOMAS BILLINGSLEA; DEUTSCHE 18 BANK NATIONAL TRUST COMPANY, 19 Appellees. 20 21

22 Pro se appellant Mamady Cisse filed a bankruptcy appeal. Dkt. 1. He did not pay 23 the civil filing fee required by 28 U.S.C. § 1914(a) and has instead filed a motion to proceed 24 in forma pauperis (“IFP”). Dkt. 2. 25 A party may institute a civil action without prepaying the required filing fee if the 26 Court grants leave to proceed IFP based on indigency. 28 U.S.C. § 1915; Andrews v. 27 Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007). Plaintiffs in the Southern District of 28 California seeking to proceed IFP must establish their inability to pay by filing an affidavit 1 along with a completed AO 239 form which includes a statement of all income and assets. 2 || See CivLR 3.2(a); see also Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). 3 Here, Appellant states that, as a result of his poor financial situation, he is currently 4 || receiving insurance and food assistance from the State of California. However, he has not 5 || filled out the AO 239 IFP application which the Court uses to assess whether a party is 6 || eligible to proceed IFP. Accordingly, the Court DENIES Appellant’s motion to proceed 7 ||TFP. Dkt. 2. If Appellant still wishes to proceed IFP, he is instructed to file a new IFP 8 motion along with the AO 239 application. 9 Appellant must either (1) file a renewed IFP motion along with the AO 239 10 || application or (2) pay the civil filing fee by November 13, 2023. Failure to complete 11 either option by November 13, 2023 may result in dismissal of the case. 12 IT IS SO ORDERED.

14 Dated: October 26, 2023 15 Hon. Jinsook Ohta □□ 16 United States District Judge 17 18 19 20 21 22 23 24 25 26 27 28