Desai
Desai v. Biden
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…