Darden
Darden v. Peralta Community College District
Opinion
Lead Opinion
MEMORANDUM **
Earnest Darden appeals pro se the district court’s refusal to permit him to proceed in forma pauperis in his action against Peralta Community College District and various administrators. We affirm.
A district court may permit a plaintiff who is unable to pay the costs of suit to proceed in forma pauperis. See Franklin v. Murphy, 745 F.2d 1221, 1226 (9th Cir.1984). The plaintiff must, however, submit affidavits that “state the facts as to affiant’s poverty with some particularity, definiteness and certainty.” See United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotation omitted); see also 28 U.S.C.1915(a) (requiring affidavit that “includes a statement of all assets” and an explanation that claimant “is unable to pay such fees or give security therefor”).
The district court did not abuse its discretion by denying Darden’s request to proceed in forma pauperis. See Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir.2001) (noting standard of review). Darden’s application failed to specify his income. The district court properly reasoned that “[t]his left no basis on which to conclude that plaintiff could not pay the filing fee and costs of…