Bradley v. Salinas

Filing 5

ORDER TO SHOW CAUSE re 4 MOTION for Leave to Proceed In Forma Pauperis filed by Alonzo Bradley. Plaintiff is ORDERED to provide this additional information by July 24, 2020 so that the Court may determine whether to grant or deny his IFP application. Signed by Hon. Brian A Tsuchida. (TH) (cc: Plaintiff via USPS on 7/16/2020)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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ALONZO BRADLEY,
Plaintiff,

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v.
BONITO SALINAS, owner of Lynnwood
Tire and Auto,

CASE NO. 2:20-cv-01017-JCC
ORDER TO SHOW CAUSE RE:
PLAINTIFF’S APPLICATION TO
PROCEED IN FORMA PAUPERIS

Defendant.
On July 8, 2020, Plaintiff Alonzo Bradley filed a Declaration and Application to Proceed
In Forma Pauperis (“IFP”). Dkt. 4.
As a general rule, all parties instituting any civil action, suit or proceeding in a United
States District Court must pay a filing fee. 28 U.S.C. § 1914(a). The Court may authorize the
commencement of an action “without prepayment of fees and costs of security therefor, by a
person who submits an affidavit that ... the person is unable to pay such fees or give security
therefor.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to prepay
the filing fee only if leave to proceed IFP is granted by the Court. See Rodriguez v. Cook, 169
F.3d 1178, 1177 (9th Cir.1999).
The Ninth Circuit has held “permission to proceed [IFP] is itself a matter of privilege and
not a right; denial of an [IFP] status does not violate the applicant’s right to due process.” Weller
ORDER TO SHOW CAUSE RE:
PLAINTIFF’S APPLICATION TO PROCEED
IN FORMA PAUPERIS - 1

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v. Dickson, 314 F.2d 598, 600 (9th Cir.1963). The Court has broad discretion to grant or deny a

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motion to proceed IFP. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990); Weller, 314 F.2d at

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600-601.

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By filing a request to proceed IFP, Plaintiff is asking the government to incur the filing

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fee because he allegedly is unable to afford the costs necessary to proceed with his complaint.

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However, Plaintiff has not provided sufficient information, which would allow the Court to

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determine whether to grant his application. For example, Plaintiff did not properly complete the

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following portion of his application: ¶7 (monthly expenses incurred, such as housing,

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transportation, utilities, loan payments, or other regular monthly expenses). Plaintiff states that

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his monthly expenses are exactly the amount of his net monthly salary but fails to provide the

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itemization requested.

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Accordingly, Plaintiff is ORDERED to provide this additional information by July 24,
2020 so that the Court may determine whether to grant or deny his IFP application.
DATED this 10th day of July, 2020.

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A

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BRIAN A. TSUCHIDA
Chief United States Magistrate Judge

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ORDER TO SHOW CAUSE RE:
PLAINTIFF’S APPLICATION TO PROCEED
IN FORMA PAUPERIS - 2