Elmore
Robert Matthew Elmore v. Bank of America
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 ROBERT MATTHEW ELMORE, Case No. 25-cv-3348-BAS-BLM
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 2) BANK OF AMERICA,
Defendant. Plaintiff Robert Matthew Elmore filed a complaint against Bank of America (ECF No. 1) and a motion to proceed in forma pauperis (“IFP”) (ECF No. 2) on the same day. Under 28 U.S.C. § 1915, a litigant who because of indigency is unable to pay the required fees or security to commence a legal action may petition the court to proceed without making such payment. The determination of indigency falls within the district court’s discretion. Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), rev’d on other grounds, 506 U.S. 194 (1993) (holding that “Section 1915 typically requires the reviewing court to exercise its sound discretion in determining whether the affiant has satisfied the statute’s requirement of indigency”). It is…