Azubuko v. Bryant et al

Filing 3

ORDER denying 2 Motion to proceed in forma pauperis. Signed by Judge Anthony J. Battaglia on 09/14/11. Plaintiff is granted 30 days leave to pay $350.00 filing fee required to maintain this action, or to submit additional documentation regarding economic status as set forth in order. (All non-registered users served via U.S. Mail Service)(cge)(jrd)

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UNITED STATES DISTRICT COURT
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SOUTHERN DISTRICT OF CALIFORNIA
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CHUKWUMA E. AZUBUKO,

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Plaintiff,
v.

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JUDGE VANESSA L. BRYANT, in
individual and official capacities; JUDGE
CHRISTOPHER F. DRONEY; JOHN
JOHNSON, in individual and official
capacities,

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Defendants.
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Civil No.11cv1818 AJB (BLM)
ORDER DENYING MOTION TO
PROCEED IN FORMA PAUPERIS
[Doc. No. 2]

On August 15, 2011, the Plaintiff, Chukwuma E Azubuko, a non-prisoner proceeding pro se,
filed a Motion to Proceed in forma pauperis pursuant to 28 U.S.C. § 1915(a)(1) and Local Rule 3.2(a).
The Court finds that Azubuko’s declaration of inability to pay costs or give security is insuffi-

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cient to permit Plaintiff to proceed in forma pauperis. Permission to file a petition for writ of mandamus

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in forma pauperis will not be granted unless there is some merit in petition. 28 U.S.C.A. § 1915. The

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Plaintiff states having no take-home pay or wages, no ownership of real estate, and a total of $150.00 in

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a checking or savings account. The only other income noted in the past twelve months was $308 a

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family member received bi-weekly “from the DTA.” Although the Plaintiff need not be absolutely

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destitute to proceed in forma pauperis in federal court, a motion to proceed in forma pauperis must state

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facts as to affiant's poverty with some particularity, definiteness and certainty. See 28 U.S.C.A. § 1915;

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11cv1818

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Jefferson v. U.S., 277 F. 2d 723 (9th Cir. 1960). The Plaintiff’s motion fails to state with particularity,

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definiteness and certainty an inability to pay costs or give security under 28 U.S.C. § 1914(a) because:

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Plaintiff completed and submitted an outdated Application to Proceed in District Court

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Without Prepaying Fees or Costs. Revised form AO 240 (Rev.07/10) is available on the

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Court’s website to allow the Plaintiff to provide necessary information to state a suffi-

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cient claim;

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2.

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Plaintiff fails to state the current and future amount received from the family member
receiving “$618.00 from the DTA - $308.00 - bi-weekly”;

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3.

Plaintiff fails to state with particularity the amount contributed to dependents; and

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4.

Plaintiff does not list any other debts (current obligations, indicating amounts owed and

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to whom they are payable).
Without further evidence, the Court lacks specific facts to find that the Plaintiff is not able to pay

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the filing fee under 28 U.S.C. § 1914(a). In light of this information, IT IS HEREBY ORDERED that

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Azubuko’s motion to proceed in forma pauperis be DENIED and the Complaint DISMISSED without

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prejudice. Pursuant to this Order, the Plaintiff is granted 30 days leave to pay $350.00 filing fee required

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to maintain this action pursuant to 28 U.S.C. § 1914, or to submit additional documentation regarding

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economic status as set forth above. IF PLAINTIFF CHOOSES TO FILE ADDITIONAL INFOR-

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MATION REGARDING HIS POVERTY, HE MUST ATTACH A COPY OF THIS ORDER.

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IT IS SO ORDERED.

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DATED: September 14, 2011

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Hon. Anthony J. Battaglia
U.S. District Judge

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