Desai

Desai v. Biden

Good Law
United States District Court, Eastern District of CaliforniaNovember 12, 20201:20-cv-01579California331 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

PAUL DESAI, ) Case No.: 1:20-cv-1579 NONE JLT ) Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE ) FILING FEE OR FILE A MOTION TO PROCEED v. IN FORMA PAUPERIS )

JOE BIDEN, et al., ) ) Defendants. ) ) )

Plaintiff initiated this action by filing a complaint on November 5, 2020. As a general rule, all parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1915(a). However, the Court may authorize the commencement of an action without the filing fee “by a person who submits an affidavit that includes a statement of all assets such [person] possesses that the person is unable to pay such fees or give security therefore.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed in forma pauperis (“IFP”) is granted by the Court. See Rodriguez…

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