Tony E. Bell, et al. v. Kate M. Van Parys, et al.

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6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 TONY E. BELL, et al., Case No. 2:25-cv-02681-DAD-CSK 12 Plaintiffs, 13 v. FINDINGS AND RECOMMENDATIONS 14 KATE M. VAN PARYS, et al., 15 Defendants. (ECF Nos. 1, 2) 16 17 Plaintiff Tony E. Bell is representing himself in this action and seeks leave to 18 proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.) For the 19 reasons that follow, the Court recommends Plaintiff’s IFP application be denied, and the 20 Complaint be dismissed without leave to amend. 21 I. MOTION TO PROCEED IN FORMA PAUPERIS 22 28 U.S.C. § 1915(a) provides that the court may authorize the commencement, 23 prosecution or defense of any suit without prepayment of fees or security “by a person 24 who submits an affidavit stating the person is “unable to pay such fees or give security 25 therefor.” This affidavit is to include, among other things, a statement of all assets the 26 person possesses. Id. The IFP statute does not itself define what constitutes…