1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 ROBERT W. JOHNSON, Case No. 24-cv-1838-BAS-BJC

12 Plaintiff,

ORDER DENYING APPLICATION

13 v. TO PROCEED IN FORMA PAUPERIS (ECF No. 2) 14 CITY OF SYRACUSE DEPARTMENT

OF NEIGHBORHOOD & BUSINESS

15

DEVELOPMENT; ATEM FARMS,

16 Defendants. 17

18 On October 11, 2024, Plaintiff Robert W. Johnson, proceeding pro se, commenced 19 this action. (ECF No. 1.) The same day, Plaintiff also filed an application seeking leave 20 to proceed without prepaying fees or costs, also known as proceeding in forma pauperis 21 (“IFP”). (ECF No. 2.) For the reasons discussed below, the Court DENIES WITHOUT 22 PREJUDICE Plaintiff’s application to proceed IFP. (Id.) 23 I. Application to Proceed In Forma Pauperis 24 Under 28 U.S.C. § 1915, an indigent litigant who is unable to pay the fees required 25 to commence a legal action may petition a court to proceed without making such 26 prepayment. The determination of indigency falls within the district court’s discretion. 27 Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (holding that “Section 28 1915 typically requires the reviewing court to exercise its sound discretion in determining 1 whether the affiant has satisfied the statute’s requirement of indigency”), rev’d on other 2 grounds, 506 U.S. 194 (1993). 3 It is well-settled that a party need not be completely destitute to proceed in forma 4 pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948). To 5 satisfy the requirements of 28 U.S.C. § 1915(a), “an affidavit [of poverty] is sufficient 6 which states that one cannot because of his poverty pay or give security for the costs . . . 7 and still be able to provide himself and dependents with the necessities of life.” Id. at 339 8 (citation omitted). At the same time, however, “the same even-handed care must be 9 employed to assure that federal funds are not squandered to underwrite, at public expense, 10 . . . the remonstrances of a suitor who is financially able, in whole or in material part, to 11 pull his own oar.” Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). 12 District courts, therefore, tend to reject IFP applications where the applicant can pay 13 the filing fee with acceptable sacrifice to other expenses. See, e.g., Olivares v. Marshall, 14 59 F.3d 109, 111 (9th Cir. 1995) (finding that a district court did not abuse its discretion in 15 requiring a partial fee payment from a prisoner who had a $14.61 monthly salary and who 16 received $110 per month from family). The facts as to the affiant’s poverty must be stated 17 “with some particularity, definiteness[,] and certainty.” United States v. McQuade, 647 18 F.2d 938, 940 (9th Cir. 1981) (quoting Jefferson v. United States, 277 F.2d 723, 725 (9th 19 Cir. 1960)). 20 Having read and considered Plaintiff’s application, the Court finds that Plaintiff fails 21 to meet the requirements for IFP status under 28 U.S.C. § 1915. Regarding his income, all 22 fields are given a value of “$0.00,” and Plaintiff lists his total monthly income as “$0.00.” 23 (ECF No. 2 at 1–2.) Similarly, the physical assets and cash holdings sections are given 24 values of “$0.00,” and Plaintiff does not list any assets. (Id. at 2.) Under expenses, 25 likewise, all fields are listed as “$0.00,” although, from the documents attached to the 26 Complaint, Plaintiff appears to be CEO of a company. (Id.) 27 It is not apparent how Plaintiff is obtaining the necessities of life, and in turn whether 28 this source of funds–if it exists–can cover the required filing fee in this action. The Court 1 can draw no conclusions from the incomplete and self-contradictory IFP application. The 2 application does not indicate that requiring Plaintiff to pay the required $405 fee would 3 impair his ability to obtain the necessities of life. 4 Last, the Court notes Plaintiff filled out a “short form” IFP application, which 5 generally does not provide sufficient information for a court to grant an IFP application. 6 Therefore, Plaintiff may find attached the appropriate “long form” IFP application for his 7 use if he wishes to renew his application to proceed IFP. 8 II. Sua Sponte Sealing of Part of the Complaint 9 Plaintiff filed documents containing his social security number. (See ECF No. 1-2 10 at PageID.11.) The Southern District of California Electronic Case Filing Administrative 11 Policies and Procedures Manual requires parties to redact “social security numbers, the 12 names of minor children, dates of birth, [and] financial account numbers.” Section 1.h. 13 This Court’s standing order permits sealing of “only those documents, or portions thereof, 14 necessary to protect such sensitive [personal or confidential] information.” Standing Order 15 of the Hon. Cynthia Bashant for Civil Cases ¶ 5.A. As such, the Court seals the unredacted 16 version of the Complaint on the docket and orders Plaintiff to file a public version of the 17 Complaint that redacts his social security number. 18 III. Conclusion 19 In light of the foregoing, the Court DENIES Plaintiff’s application to proceed IFP 20 WITHOUT PREJUDICE. (ECF No. 2.) To proceed IFP, Plaintiff must file a new IFP 21 using the attached long form application by no later than December 19, 2024, with more 22 specific information regarding the aforementioned sources of income and monthly 23 expenses. If he no longer wishes to proceed IFP, Plaintiff must pay the filing fee by no 24 later than December 19, 2024. 25 Further, the Court ORDERS Plaintiff to file a public version of his Complaint on 26 the docket no later than December 19, 2024. This public version must redact, or black 27 out, Plaintiff’s social security number located at the top of the page titled “City of Syracuse 28 Notice of Claim Supplemental Information.” Because Plaintiff’s Complaint contains 1 || personally identifiable information, the Clerk is directed to seal the unredacted version of 2 || Plaintiff's Complaint currently on the docket. (ECF No. 1.) 3 IT IS SO ORDERED. 4 A 7 5 || DATED: November 19, 2024 Cypilliag (Aha 6 toied Sn District Judge 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 AL

Page 1 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form)

UNITED STATES DISTRICT COURT

for the

Plaintiff/Petitioner ) v. ) Civil Action No.

Defendant/Respondent )

APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS

(Long Form)

Affidavit in Support of the Application Instructions Iam a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it. that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is “0,” and that I am entitled to the relief requested. declare “none,” or “not applicable (N/A),” write that response. If under penalty of perjury that the information below is | you need more space to answer a question or to explain your true and understand that a false statement may result in answer, attach a separate sheet of paper identified with your a dismissal of my claims. name, your case's docket number, and the question number. Signed: Date:

l. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly income Income amount expected amount during the past 12 next month months Spouse □□ Serene □□ Income from real property (such as rental income) ¢

Gift mS pew

Page 2 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Retirement (such as social security, pensions, annuities, $ $ $ $ insurance) Disability (such as social security, insurance payments) § Unemployment payments Public-assistance (such as welfare $ Other (specify): $

Total monthly income: § § § § 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pa

3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pa

4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has PB Pe BB If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account.

Page 3 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse

Make and year: Model: Registration #:

Make and year: Model: Registration #:

6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse Amount owed to you Amount owed to your spouse mone

7. State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship

Page 4 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. ee SS Are real estate taxes included? O Yes No Is property insurance included? O Yes © No ern wini

SSSSOSCS—SBEi SSSSSCSCSCS~iB □□□ aarsne BB neonates neem mcs Insurance (not deducted from wages or included in mortgage payments) ee Homeowner's or renter's: ss

□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□□ Installment payments ee

Department store (name): ss mas atoneerniiociee

Page 5 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed statement)

0.00 0.00 Total monthly expenses: 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? O Yes O No If yes, describe on an attached sheet. 10. Have you spent — or will you be spending — any money for expenses or attorney fees in conjunction with this lawsuit? [ Yes [No If yes, how much? $ 11. Provide any other information that will help explain why you cannot pay the costs of these proceedings.

12. Identify the city and state of your legal residence.

Your daytime phone number: Your age: Your years of schooling: