(PC) Bazzo v. State of California
Opinion
Trial Court Opinion
DISCUSSION
26 A. Application to Proceed In Forma Pauperis 27 28 U.S.C. § 1915(a)(1) permits a plaintiff to bring a civil action “without prepayment of 28 fees or security thereof” if the plaintiff submits a financial affidavit that demonstrates the plaintiff's “is unable to pay such fees or give security therefor.” A prisoner seeking to bring a civil action must, in addition to filing an affidavit, “submit a certified copy of the trust fund account statement ... for the 6-month period immediately preceding the filing of the complaint ... obtained from the appropriate official of each prison at which the prisoner is or was confined.” 28 U.S.C. § 1915(a)(2). Plaintiff has filed an application declaring that, due to his poverty, he is unable to pre-pay the full amount of fees and costs for these proceedings or give security therefor, and that he believes that he is entitled to the relief sought in his complaint. On September 15, 2023, the Court received Plaintiff’s prison trust account statement from Valley State Prison. (ECF No. 3.) The statement provides that as of September 8, 2023, Plaintiff currently has $628.97 to his credit. …