Perez

Perez v. Mountain Empire Unified School District

Good Law
United States District Court, Southern District of CaliforniaSeptember 3, 20193:19-cv-01629California584 words

Opinion

Trial Court Opinion

I. DISCUSSION

25 The determination of indigency falls within the district court’s discretion. 26 California Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), reversed on 27 other grounds, 506 U.S. 194 (1993) (“Section 1915 typically requires the reviewing court 28 to exercise its sound discretion in determining whether the affiant has satisfied the statute’s requirement of indigency.”). It is well-settled that a party need not be completely destitute to proceed in forma pauperis. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). To satisfy the requirements of 28 U.S.C. § 1915(a), “an affidavit [of poverty] is sufficient which states that one cannot because of his poverty pay or give security for costs ... and still be able to provide himself and dependents with the necessities of life.” Id. at 339. At the same time, however, “the same even-handed care must be employed to assure that federal funds are not squandered to underwrite, at public expense, ... the remonstrances of a suitor who is financially able, in whole or in material part, to pull his own oar.” Temple v. Ellerthorpe, 586 F.Supp. 848, 850…

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