Taleff

Taleff v. Sattgast Taleff

Good Law
United States District Court, Southern District of CaliforniaMay 14, 20203:19-cv-02066California1,509 words

Opinion

Trial Court Opinion

INTRODUCTION

18 On October 28, 2019, Plaintiff Tony Taleff (“Plaintiff”), proceeding pro se, filed a 19 complaint along with a motion for leave to proceed in forma pauperis (“IFP”), pursuant to 20 28 U.S.C. § 1915(a). See Doc. Nos. 1, 2. After a careful review of the pleadings and for the 21 reasons set forth below, the Court (1) DENIES Plaintiff’s motion for leave to proceed IFP 22 [Doc. No. 2]; and (2) Sua sponte DISMISSES Plaintiff’s complaint [Doc. No. 1], without 23 prejudice.

DISCUSSION

I. Plaintiff’s IFP Motion

26 All parties instituting any civil action, suit or proceeding in a district court of the 27 United States, except an application for writ of habeas corpus, must pay a filing fee of 28 $400. See 28 U.S.C. § 1914(a). The action may proceed despite a plaintiff’s failure to prepay the entire fee only if she is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Courts grant leave to proceed IFP when plaintiffs submit an affidavit, including a statement of all of their assets, showing the inability to pay the…

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