Christopher Wells v. Joe Acosta

MEMORANDUM

Christopher Wells appeals pro se from the district court’s order denying his motion for leave to proceed in forma pauperis (“IFP”) in his action alleging employment discrimination. We have jurisdiction under 28 U.S.C. § 1291 . We review for an abuse of discretion. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir.1990). We affirm in part, vacate in part, and remand.

The district court did not abuse its discretion by denying Wells’s motion to proceed IFP because Wells failed to verify his poverty adequately. See Rowland v. Cal. Men’s Colony, 506 U.S. 194, 203 , 113 S.Ct. 716 , 121 L.Ed.2d 656 (1993) (an affidavit under 28 U.S.C. § 1915 (a) is sufficient if it shows the person cannot pay court costs and “still be able to provide himself and dependents with the necessities of life” (citation and internal quotation marks omitted)); see also United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (per curiam) (a § 1915 affidavit must state facts “with some particularity, definiteness and certainty” as to indigency).

On appeal, Wells contends that, after the district court denied his motion to proceed IFP, he did not have an opportunity to pay the initial filing before his…