Elmore
Matthew Robert Elmore v. Apple
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Matthew Robert ELMORE, Case No.: 25-cv-3344-AGS-DEB
ORDER DENYING MOTION TO
Plaintiff, PROCEED IN FORMA PAUPERIS vs. (ECF 2) AND DISMISSING
COMPLAINT WITH LEAVE TO
AMEND
APPLE,
8 Defendant. 9 10 Plaintiff Matthew Elmore, proceeding without an attorney, seeks to waive the filing fee for his lawsuit against Apple. But he has not justified waiving that fee, and his complaint doesn’t pass mandatory screening. MOTION TO PROCEED IN FORMA PAUPERIS Parties instituting a civil action in a federal district court must typically pay filing fees of $405. 28 U.S.C. § 1914(a) ($350 filing fee); District Court Misc. Fee Schedule, § 14 (effective Dec. 1, 2023) ($55 administrative fee). But if granted the right to proceed in forma pauperis, a plaintiff can proceed without prepaying those fees. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Elmore claims he has an average monthly income of “$0” from…