Shundric Loyd v. Judge Forsberg, et al.

Opinion

4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6

7 Shundric Loyd, Case No. 2:26-cv-00377-GMN-NJK 8 Plaintiff(s), Order 9 v.

10 Judge Forsberg, et al., 11 Defendant(s). 12 Pending before the Court is Plaintiff’s application to proceed in forma pauperis. Docket 13 No. 4. 14 The Court may authorize the commencement of an action without prepayment of fees and 15 costs, or security therefor, by a person who has been shown to be “unable to pay such fees or give 16 security therefor.” 28 U.S.C. § 1915(a)(1). Courts have broad discretion in deciding whether a 17 plaintiff has sufficiently shown an inability to pay the filing fee. See Smart v. Heinze, 347 F.2d 18 114, 116 (9th Cir. 1965). While an applicant need not be absolutely destitute to qualify for a 19 waiver of fees, the applicant must demonstrate an inability to pay those fees while still providing 20 for the necessities of life. See Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). 21 “Courts may look beyond an in forma pauperis application to determine an applicant’s true 22 financial condition.” Olteanu v. Schneider, 2025 U.S. Dist. Lexis 108918, at *7 (D. Nev. May 6, 23 2025), adopted, 2025 U.S. Dist. Lexis 107749 (D. Nev. June 5, 2025). Courts possess discretion 24 to make a factual inquiry into the allegation of poverty. United States v. McQuade, 647 F.2d 938, 25 940 (9th Cir. 1981). 26 Plaintiff here indicates that he is unemployed, has up to $2,000 in annual income from side 27 jobs, has zero money in cash or banking accountings, has no assets, and has no regular monthly 28 expenses. Docket No. 1 at 1-2. As explained by United States Magistrate Judge Elayna J. 1} Youchah, there is reason to doubt the accuracy of this recitation of Plaintiff's financial situation: “An individual cannot live on zero dollars, which is what Plaintiff professes. Even if an applicant 3] has no loan payments, gas, electric, food, and other necessities of life are not free.” Tiffany v. Cannon, 2023 WL 2876828, at *1 (D. Nev. Mar. 16, 2023). In short, the financial picture provided 5| by Plaintiff is a logistical impossibility. 6 In light of the above, the Court DENIES without prejudice the application to proceed in 7| forma pauperis. No later than March 18, 2026, Plaintiff must either (1) pay the filing fee or (2) 8|| seek in forma pauperis status by completing and filing the long form application. If Plaintiff 9| chooses the latter course, he must ensure that all questions are answered completely and accurately. 10] If Plaintiff maintains therein the same financial information that is currently before the Court, he 11] must answer question 11 with a detailed explanation as to how he pays his bills or otherwise 12|| maintains the necessities of life. Failure to comply with this order may result in a recommendation 13] of dismissal. 14 The Court INSTRUCTS the Clerk’s Office to send Plaintiff the approved long form 15] application to proceed in forma pauperis by a non-prisoner, as well as the document entitled 16] information and instructions for filing an in forma pauperis application. 17 IT IS SO ORDERED. 18 Dated: February 25, 2026 19 4 ie — ~~; Nancy J. Koppe’ 20 United States-Magistrate Judge 21 22 23 24 25 26 27 28