Cantrell v. Pyramid Lake Pauite Tribe Police Department ( 2024 )

1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 JOSEPH CANTRELL, Case No.: 3:23-cv-00544-ART-CSD 4 Plaintiff Order 5 v. Re: ECF No. 5 6 PYRAMID LAKE PAIUTE TRIBE, 7 Defendant 8 9 Plaintiff has filed an application to proceed in forma pauperis (IFP) (ECF No. 1) and pro 10 se complaint (ECF No. 1-1). 11 I. IFP APPLICATION 12 A person may be granted permission to proceed IFP if the person “submits an affidavit 13 that includes a statement of all assets such [person] possesses [and] that the person is unable to 14 pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense 15 or appeal and affiant’s belief that the person is entitled to redress.” 28 U.S.C. § 1915(a)(1); Lopez 16 v. Smith, 203 F.3d 1122, 1129 (9th Cir. 2000) (en banc) (stating that 28 U.S.C. § 1915 applies to 17 all actions filed IFP, not just prisoner actions). 18 The Local Rules of Practice for the District of Nevada provide: “Any person who is 19 unable to prepay the fees in a civil case may apply to the court for authority to proceed [IFP]. 20 The application must be made on the form provided by the court and must include a financial 21 affidavit disclosing the applicant’s income, assets, expenses, and liabilities.” LSR 1-1. 22 “[T]he supporting affidavits [must] state the facts as to [the] affiant’s poverty with some 23 particularity, definiteness and certainty.” U.S. v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (quotation marks and citation omitted). A litigant need not “be absolutely destitute to enjoy the 2\| benefits of the statute.” Adkins v. Du Pont de Nemours & Co., 335 U.S. 331, 339 (1948). 3 Plaintiff's IFP application states that he is employed by Door Dash and his gross pay or wages are $1,300 a week, and his take-home pay or wages are $350 per week. However, he 5|| states that he does not have any housing, transportation, utilities or loan payments, or other 6|| regular monthly expenses, but then declares he has $45,000 in student loans. It is unclear how 7|| Plaintiffs take-home pay or wages are only $350 per week. Moreover, he indicates he has no 8]| other monthly expenses. The court cannot make a determination based on this record that Plaintiff is unable to pay the filing fee. Therefore, his application to proceed IFP will be denied without prejudice. He will be given another opportunity to submit a completed IFP application, 11]| but this time on the court’s long form, which must provide greater detail about his income and expenses. 13 CONCLUSION 14 Plaintiff's IFP application (ECF No. 5) is DENIED WITHOUT PREJUDICE. 15 The Clerk shall SEND Plaintiff the instructions and application to proceed IFP (long 16]| form) for a non-inmate. 17 Plaintiff has 30 days from the date of this Order to file a completed IFP application on 18]| the court’s long form. If Plaintiff fails to do so, this action may be dismissed without prejudice. IT IS SO ORDERED. 20 21] Dated: June 26, 2024 22 Cc SS x Craig S. Denney 23 United States Magistrate Judge