Knight

Favor VEXATIOUS LITIGANT v. Knight

Good Law
United States District Court, Eastern District of CaliforniaNovember 9, 20211:21-cv-01617California1,379 words

Opinion

Trial Court Opinion

INTRODUCTION

18 On November 5, 2021, Brandon Alexander Favor, proceeding pro se, filed this civil rights action pursuant to 42 U.S.C. § 1983. (ECF No. 1.) Plaintiff also filed an application to proceed in forma pauperis by a prisoner. (ECF No. 2.) Plaintiff’s application to proceed in forma pauperis should be denied for two reasons: (1) Plaintiff declares substantial income and assets in the application; and (2) he is not entitled to proceed without prepayments of fees because he has at least three strikes under Section 1915(g) and does not qualify for the imminent danger exception. / / / / / / / / II. DISCUSSION A. Plaintiff’s Application Should be Denied due to Application Claiming Significant Assets and Income 4 In order to proceed in court without prepayment of the filing fee, a plaintiff must submit an affidavit demonstrating that he “is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). The right to proceed without prepayment of fees in a civil case is a privilege and not a right. Rowland v. California…

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