Yousef Elamri Kadmiri v. MGM Resorts International, et al.

Opinion

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Yousef Elamri Kadmiri, Case No. 2:26-cv-00718-GMN-DJA 6 Plaintiff, 7 Order v. 8 MGM Resorts International, et al., 9 Defendants. 10 11 Pro se Plaintiff Yousef Elamri Kadmiri has filed an application to proceed in forma 12 pauperis (which means, to proceed without paying the filing fee). (ECF No. 1). However, 13 Plaintiff’s application is missing certain information and contains answers that are not responsive 14 to the questions asked. The Court thus denies Plaintiff’s application without prejudice. 15 I. Discussion. 16 Under 28 U.S.C. § 1915(a)(1), a plaintiff may bring a civil action “without prepayment of 17 fees or security therefor” if the plaintiff submits a financial affidavit that demonstrates the 18 plaintiff “is unable to pay such fees or give security therefor.” The Ninth Circuit has recognized 19 that “there is no formula set forth by statute, regulation, or case law to determine when someone 20 is poor enough to earn [in forma pauperis] status.” Escobedo v. Applebees, 787 F.3d 1226, 1235 21 (9th Cir. 2015). An applicant need not be destitute to qualify for a waiver of costs and fees, but 22 he must demonstrate that because of his poverty he cannot pay those costs and still provide 23 himself with the necessities of life. Adkins v. E.I DuPont de Nemours & Co., 335 U.S. 331, 339 24 (1948). 25 The applicant’s affidavit must state the facts regarding the individual’s poverty “with 26 some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 27 (9th Cir. 1981) (citation omitted). If an individual is unable or unwilling to verify his or her 1 status and to deny a request to proceed in forma pauperis. See, e.g., Marin v. Hahn, 271 2 Fed.Appx. 578 (9th Cir. 2008) (finding that the district court did not abuse its discretion by 3 denying the plaintiff’s request to proceed in forma pauperis because he “failed to verify his 4 poverty adequately”). “Such affidavit must include a complete statement of the plaintiff’s 5 personal assets.” Harper v. San Diego City Admin. Bldg., No. 16-cv-00768 AJB (BLM), 2016 6 U.S. Dist. LEXIS 192145, at *1 (S.D. Cal. June 9, 2016). Misrepresentation of assets is sufficient 7 grounds for denying an in forma pauperis application. Cf. Kennedy v. Huibregtse, 831 F.3d 441, 8 443-44 (7th Cir. 2016) (affirming dismissal with prejudice after litigant misrepresented assets on 9 in forma pauperis application). 10 On his application, Plaintiff checks the box indicating that he receives money from “[a]ny 11 other sources” in response to question 3. That question requires that, if Plaintiff checks a box 12 “yes,” he must “describe below or on separate pages each source of money and state the amount 13 that you received and what you expect to receive in the future.” Plaintiff’s response, however, 14 fails to comply with this requirement and instead apparently focuses on the merits of his case. 15 In response to question 6, which asks Plaintiff to list regular monthly expenses, Plaintiff 16 claims that he lives with his mother who is helping him out. However, it is not clear from this 17 response whether Plaintiff has any regular monthly expenses or if his mother covers all of those 18 for him. In response to question 8, which asks Plaintiff to list his debts or financial obligations, 19 the amounts owed, and to whom they are payable, Plaintiff provides that he is in over $40,000.00 20 of debt due to medical emergencies and unpaid credit cards. But Plaintiff does not list the parties 21 to whom his debt is payable and does not separate out the amounts between his medical debt and 22 his credit card debt. 23 Given these issues, the Court cannot determine whether Plaintiff qualifies for in forma 24 pauperis status. The Court will give Plaintiff one opportunity to file a complete in forma 25 pauperis application. The Court further orders that Plaintiff may not respond with a zero or “not 26 applicable” in response to any question without providing an explanation for each of the 27 questions. Plaintiff also may not leave any questions blank. Plaintiff must describe each source 1 || of money that he receives, state the amount he received, and what he expects to receive in the 2 || future. 3 The Court denies Plaintiff's in forma pauperis application without prejudice. The Court 4 || gives Plaintiff 30 days to file an updated application. Plaintiff must fully answer all applicable 5 || questions and check all applicable boxes. Plaintiff may alternatively pay the filing fee in full. 6 7 IT IS THEREFORE ORDERED that Plaintiffs application to proceed in forma 8 || pauperis (ECF No. 1) is denied without prejudice. 9 IT IS FURTHER ORDERED that Plaintiff has until April 13, 2026, to file an updated 10 || application to proceed in forma pauperis as specified in this order or pay the filing fee. Failure to 11 || timely comply with this order may result in a recommendation to the district judge that this case 12 || be dismissed. 13 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to send Plaintiff 14 || acopy of this order and of the Short Form application to proceed in forma pauperis and its 15 || instructions.! 16 17 DATED: March 12, 2026, XP ~

DANIEL J. ALBREGTS 19 UNITED STATES MAGISTRATE JUDGE 20 21 22 23 24 25 26 This form and its instructions can also be found at https://www.nvd.uscourts.gov/court- 28 || information/forms/ under Code AO 240.