Victoria Reyes Mendez v. Chao

• Court: District Court, E.D. California
• Decided: May 27, 2026
• Docket: 2:26-cv-00422
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 VICTORIA REYES MENDEZ, Case No. 2:26-cv-00422-DJC-CSK (PS) 12 Plaintiff, ORDER DENYING PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS 13 v. WITHOUT PREJUDICE 14 CHAO, 15 Defendant. (ECF No. 2) 16 17 Plaintiff Victoria Reyes Mendez is proceeding in this action pro se.1 Plaintiff has 18 requested leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. 19 (ECF No. 2.) Plaintiff’s IFP application will be denied without prejudice because Plaintiff’s 20 IFP affidavit is insufficient. 21 I. LEGAL STANDARDS 22 All parties instituting any civil action, suit or proceeding in any district court of the 23 United States, except an application for writ of habeas corpus, must pay a filing fee. See 24 28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay the filing fee 25 only if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 26 § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. 27 1 This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R. 28 Civ. P. 72, and Local Rule 302(c). 1 Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). To qualify to proceed in forma pauperis, the 2 litigant must submit an affidavit that includes a statement of all assets they possess. 3 28 U.S.C. § 1915(a)(1). The affidavit must also state that the person is unable to pay the 4 fees or give security. Id. The affidavit must provide “sufficient details concerning [the 5 applicant’s] income, assets, and expenditures[.]” Williams v. Cnty. of Ventura, 443 F. 6 App’x 232, 233 (9th Cir. 2011) (citing United States v. McQuade, 647 F.2d 938, 940 (9th 7 Cir. 1981) (an affidavit claiming poverty in support of a motion made under 8 28 U.S.C. § 1915 must state the relevant facts “with some particularity, definiteness, and 9 certainty”). 10 II. DISCUSSION 11 Plaintiff’s IFP application does not state whether she is employed, nor does the 12 application state her gross pay or take-home pay and wages. (ECF No. 2 at 1.) Plaintiff 13 further avers she has $0 in her checking or savings account. Id. at 2 ¶ 4. Plaintiff 14 answers “[n]one” when answering whether: Plaintiff owns “any automobile, real estate, 15 stock, bond, security, trust, jewelry, art work, or other financial instrument or thing of 16 value;” Plaintiff has “[a]ny housing, transportation, utilities, or loan payments or other 17 regular monthly expenses;” Plaintiff provides support to “persons who are dependent on 18 [her] for support” and how much Plaintiff contributes to their support; Plaintiff has any 19 “debts or financial obligations.” Id. at 2 ¶¶ 5-8. However, Plaintiff answered “yes,” without 20 further elaboration, as to whether she receives other income from “Business, profession, 21 or other self-employment,” “Rent payments, interests, or dividends,” “Pension, annuity, 22 or life insurance payments,” “Disability, or worker’s compensation payments,” “Gifts, or 23 inheritances,” or “Any other sources.” Id. at 1 ¶¶ 3(a)-(f). Because of these omissions, 24 Plaintiff's IFP application fails to establish that she is entitled to prosecute this case 25 without paying the required fees. The Court will provide Plaintiff an opportunity to file an 26 amended IFP application. Therefore, Plaintiff’s request to proceed in forma pauperis 27 (ECF No. 2) is DENIED without prejudice to its renewal in proper form. See Williams, 28 443 F. App’x at 233. 1 | Ill. CONCLUSION 2 For the reasons explained above, IT |S HEREBY ORDERED that: 3 1. Plaintiff's request to proceed in forma pauperis (ECF No. 2) is DENIED 4 without prejudice; and 5 2. Plaintiff may file her renewed IFP application within thirty (30) days from 6 the date of this order. If Plaintiff fails to timely comply with this order, the 7 undersigned may recommend that this action be dismissed for failure to 8 prosecute. 9 10 Dated: May 27, 2026 C i $ 11 GHI 500 KIM UNITED STATES MAGISTRATE JUDGE 12 13 7, reye.0422.26.ifp 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28