Gastelum
Gastelum v. Dick's Sporting Goods Inc.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
FERNANDO GASTELUM, ) Case No.: 1:21-cv-1289 NONE JLT ) Plaintiff, ) ORDER DIRECTING PLAINTIFF TO PAY THE v. ) FILING FEE OR FILE A MOTION TO PROCEED ) IN FORMA PAUPERIS DICK’S SPORTING GOODS, INC., ) ) Defendant. ) )
Plaintiff initiated an action by filing a complaint on August 24, 2021. 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). 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). The matter…