(PS) Allahyar v. Momand

Filing 3

ORDER signed by Magistrate Judge Carolyn K. Delaney on 3/12/2025 DIRECTING the Plaintiff to either pay the filing fee or file a fully completed and signed affidavit to proceed without prepayment of fees within 30 days from the date of this Order. (Deputy Clerk OML)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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ROHULLAH ALLAHYAR,

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Plaintiff,

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No. 2:25-cv-0102-TLN-CKD (PS)

ORDER

v.
DAMAN MOMAND,
Defendant.

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Plaintiff Rohullah Allahyar proceeds without counsel and seeks to proceed in forma

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pauperis. This matter is before the undersigned pursuant to Local Rule 302(c)(21). See 28 U.S.C.

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§ 636(b)(1). Plaintiff has initiated this action with a civil complaint and an application to proceed

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in forma pauperis (“IFP”). (ECF Nos. 1, 2.)

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In order to commence a civil action, along with the complaint, a plaintiff must either pay

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the $350.00 filing fee and the $55.00 administrative fee or file an application requesting leave to

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proceed IFP. See 28 U.S.C. §§ 1914(a), 1915(a). The court may authorize the commencement of

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an action “without prepayment of fees” by an individual who submits an affidavit evidencing an

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inability to pay such fees. 28 U.S.C. § 1915(a). “An affidavit in support of an IFP application is

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sufficient where it alleges that the affiant cannot pay the court costs and still afford the necessities

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of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citing Adkins v. E.I. Du
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Pont de Nemours & Co., Inc., 335 U.S. 331, 339 (1948)); see also United States v. McQuade, 647

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F.2d 938, 940 (9th Cir. 1981) (affidavit must “state the facts as to affiant’s poverty with some

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particularity, definiteness and certainty” (internal quotation omitted)).

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Plaintiff’s affidavit does not demonstrate plaintiff was unable to pay the court costs and

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still afford the necessities of life when plaintiff filed this suit. According to the affidavit, plaintiff

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receives $800 per week in take-home pay or wages and plaintiff provided no further information

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for the court to consider, leaving blank all other sections of the form. (ECF No. 2.) Thus, plaintiff

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has indicated a regular source of income and no expenses. While § 1915(a) does not require a

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litigant to demonstrate “absolute destitution,” Adkins, 335 U.S. at 339, the applicant must

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nonetheless show inability to pay the fees. 28 U.S.C. § 1915(a). Plaintiff has not done so.

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Because plaintiff does not make an adequate showing of indigency for in forma pauperis

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status, plaintiff will be granted 30 days in which to submit the filing fee and administrative fee to

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the Clerk of the Court in order to proceed with this case. In the alternative, plaintiff may file a

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renewed application to proceed IFP which contains sufficient information to demonstrate plaintiff

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could not pay the court costs and still afford the necessities of life. Plaintiff is cautioned that

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failure to pay the court costs or file a renewed IFP affidavit will result in a recommendation that

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the application to proceed in forma pauperis be denied and the present action be dismissed.

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For the reasons set forth above, IT IS HEREBY ORDERED that, within thirty (30) days

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from the date of this order, plaintiff shall pay the filing fee and administrative fee or file a fully

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completed and signed affidavit to proceed without prepayment of fees.

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Dated: March 12, 2025
_____________________________________
CAROLYN K. DELANEY
UNITED STATES MAGISTRATE JUDGE

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8, alla25cv0102.ifp

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