Saofaigaalii v. Tripler Army Medical Center et al

Filing 9

ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING FEES OR COSTS AND DENYING PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL re 3 , 4 - Signed by CHIEF JUDGE SUSAN OKI MOLLWAY on 10/22/2014. &q uot;Saofaigaalii's IFP Application and Request for Counsel are denied. Given the denial of this IFP Application, Saofaigaalii must either pay the filing fee no later than November 17, 2014, or submit a new IFP Application establishing his paup er status. Failure to do either by that date will result in the automatic dismissal of this action." (emt, )CERTIFICATE OF SERVICEParticipants registered to receive electronic notifications received thi s document electronically at the e-mail address listed on the Notice of Electronic Filing (NEF). Toatuga M. Saofaigaalii shall be served by first class mail at the address of record on October 23, 2014. A copy of the court's Application to Proceed in District Court Without Prepaying Fees or Costs shall be included in the mailing.

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF HAWAII
TOATUGA M. SAOFAIGAALII,

)
)
Plaintiff,
)
)
vs.
)
)
TRIPLER ARMY MEDICAL CENTER, )
et al.,
)
)
Defendants.
)
_____________________________ )

CIVIL NO. 14-00455 SOM/KSC
ORDER DENYING PLAINTIFF’S
APPLICATION TO PROCEED
WITHOUT PREPAYING FEES OR
COSTS AND DENYING PLAINTIFF’S
REQUEST FOR APPOINTMENT OF
COUNSEL

ORDER DENYING PLAINTIFF’S APPLICATION
TO PROCEED WITHOUT PREPAYING FEES OR COSTS AND DENYING
PLAINTIFF’S REQUEST FOR APPOINTMENT OF COUNSEL
I.

INTRODUCTION.
On October 9, 2014, Plaintiff Toatuga M. Saofaigaalii

filed an Application to Proceed in District Court Without
Prepaying Fees or Costs (the “IFP Application”) and a Request for
Appointment of Counsel (the “Request for Counsel”).
ECF No. 4.

ECF No. 3;

The IFP Application and the Request for Counsel are

denied.
II.

ANALYSIS.
A.

The IFP Application.

For the court to grant the IFP Application,
Saofaigaalii must establish that he is a pauper.

To do so, he

must submit an affidavit that includes a statement of the assets
he possesses and a statement that he is unable to pay the cost of
this proceeding or give security therefor.
§ 1915(a)(1).

28 U.S.C.

Having reviewed the information provided by
Saofaigaalii, the court determines that Saofaigaalii has failed
to establish that he is entitled to proceed without prepaying
fees or costs.

The IFP Application indicates that Saofaigaalii

receives $4,274.70 per month, equating to $51,296.40 per year.
Given this income, Saofaigaalii is not a pauper, and nothing in
the IFP Application demonstrates otherwise.

The court recognizes

that he lists debts and dependents, but that information does not
establish his pauper status.
B.

Request for Counsel.

Saofaigaalii requests that this court appoint him
counsel under the Civil Rights Act of 1964, which provides for
the appointment of counsel in employment discrimination cases “in
such circumstances as the court may deem just.”
§ 2000e-5(f)(1).

42 U.S.C.

Because Saofaigaalii’s Complaint nowhere

alleges employment discrimination under the Civil Rights Act of
1964, Saofaigaalii’s case cannot possibly fall within 42 U.S.C.
§ 2000e-5(f)(1).

His request for counsel on that basis,

therefore, is denied.
III.

CONCLUSION.
Saofaigaalii’s IFP Application and Request for Counsel

are denied.

Given the denial of this IFP Application,

Saofaigaalii must either pay the filing fee no later than
November 17, 2014, or submit a new IFP Application establishing

2

his pauper status.

Failure to do either by that date will result

in the automatic dismissal of this action.

IT IS SO ORDERED.
DATED: Honolulu, Hawaii, October 22, 2014.

/s/ Susan Oki Mollway
Susan Oki Mollway
Chief United States District Judge

Saofaigaalii v. Tripler Army Medical Center, et al., Civ. No. 14-00455
SOM/KSC; ORDER DENYING PLAINTIFF'S APPLICATION TO PROCEED WITHOUT PREPAYING
FEES OR COSTS AND DENYING PLAINTIFF'S REQUEST FOR APPOINTMENT OF COUNSEL

3