Carrera-Garcia v. Kelly et al

Filing 8

MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Proceed In Forma Pauperis (Dkt. 3 ) is GRANTED. 2. Petitioner shall be allowed to proceed without the payment of the filing fee. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF IDAHO
Gustavo CARRERA-GARCIA
Case No. 1:17-cv-00225-DCN
Plaintiff,
v.

MEMORANDUM DECISION AND
ORDER

JOHN F. KELLY, SECRETARY OF
THE DEPARTMENT OF HOMELAND
SECURITY (DHS); THOMAS D.
HOMAN, DIRECTOR OF U.S.
IMMIGRATION AND CUSTOMS
ENFORCEMENT (ICE) AND ITS
OFFICE OF ENFORCEMENT AND
REMOAL OPERATIONS (ERO);
LAURA MCNEER, ICE/ERO
DIRECTOR, SALT LAKE CITY FIELD
OFFICE; KIERAN DONAHUE,
SHERIFF OF CANYON COUNTY;
CANYON COUNTY
in their official capacities,
Defendants.

The Court has before it Plaintiff Gustavo Carrera-Garcia’s in forma pauperis request
(dkt. 3) filed on May 30, 2017. For the reasons set forth below the court GRANTS the
Motion.
In order to qualify for in forma pauperis (“IFP”) status, a Plaintiff must submit an
affidavit that includes a statement of all assets he possesses and that he is unable to pay the
fee required.

MEMORANDUM DECISION AND ORDER - 1

The affidavit is sufficient if it states that the plaintiff, because of his poverty, cannot
“pay or give security for the costs” and still be able to provide for himself and his
dependents “with necessities of life.” Adkins v. E.I. DuPont de Numours & Co., 335 U.S.
331, 339 (1948). The affidavit must “state the facts as to affiant's poverty with some
particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940
(9th Cir. 1981) (internal quotation omitted).
Here, Carrera-Garcia has stated under penalty of perjury that he “cannot prepay the
filing fee in [his] case” as required by 28 U.S.C. § 1915(a)(1). Dkt. 3, at 5. Carrera-Garcia’s
application indicates that he has limited monthly income, virtually no money in the bank,
and little to no assets. Id. at 2-4. Carrera-Garcia is the sole bread winner for himself, his
spouse, and his two minor children. The Court finds that Carrera-Garcia’s application
sufficiently establishes his indigence and inability to pay. Accordingly, the Petitioner may
proceed without the prepayment of filing fees or costs.
ORDER
IT IS ORDERED:
1.

Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. 3) is GRANTED.

2.

Petitioner shall be allowed to proceed without the payment of the filing fee.

DATED: September 20, 2017
_________________________
Honorable David C. Nye
United States District Court

MEMORANDUM DECISION AND ORDER - 2