Nelson v. City of Fairfield Police Dept.

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 Jeff Nelson, No. 2:22-cv-01619-KJM-DB Plaintiff, ORDER Vv. 14 City of Fairfield, 1S Defendant. 16 Plaintiff Jeff Nelson, who is represented by counsel, recently filed a civil rights complaint 18 alleging police used unnecessary force in response to his 911 call for police to help his son. See Compl. 9§ 7-9, ECF No. 1. He now applies to proceed in forma pauperis (IFP). “[A] plaintiff may commence an action without paying the filing fees where she submits an affidavit stating that she lacks sufficient funds and where her suit is not frivolous or malicious.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). It is not necessary to prove absolute destitution. Adkins v. EI. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). The applicant must include enough information in the affidavit to show that the applicant cannot 25 “pay the court costs and still afford…