Davis

(PS) Neher v. Davis

Good Law
United States District Court, Eastern District of CaliforniaMay 21, 20252:25-cv-00482California2,686 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 TIMOTHY NEHER, Case No. 2:25-cv-00482-DC-CSK Plaintiff, v. FINDINGS AND RECOMMENDATIONS SCOTT DAVIS, et al., Defendants. (ECF Nos. 2, 6) 16 Plaintiff Timothy Neher is representing himself in this action and seeks leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) For the reasons that follow, the Court recommends Plaintiff’s IFP application be denied, and the First Amended Complaint be dismissed without leave to amend. I. MOTION TO PROCEED IN FORMA PAUPERIS 28 U.S.C. § 1915(a) provides that the court may authorize the commencement, prosecution or defense of any suit without prepayment of fees or security “by a person who submits an affidavit stating the person is “unable to pay such fees or give security therefor.” This affidavit is to include, among other things, a statement of all assets the person possesses. Id. The IFP statute does not itself define what constitutes…

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