Desai
Desai v. Biden
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
PAUL DESAI, ) Case No.: 1:20-cv-01579 NONE JLT ) Plaintiff, ) ORDER TO SHOW CAUSE WHY THE ACTION ) SHOULD NOT BE DISMISSED v. )
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 is granted by the Court. See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Because…