Lozada

DISCUSSION

24 All parties instituting any civil action, suit, or proceeding in a district 25 court of the United States, except an application for writ of habeas corpus, 26 must pay a filing fee of $400. See U.S.C. § 1914(a). An action may proceed despite plaintiff’s failure to prepay the entire fee only if he is granted leave to proceed IFP pursuant to 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “To proceed [IFP] is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). A party need not be completely destitute to proceed IFP. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948). But “the same even-handed care must be employed to assure that federal funds are not squandered to underwrite, at public expense, either frivolous claims or remonstrances of a suitor who is financially able, in whole or in part, to pull his own oar.” Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984). As such, “the facts as to [an] affiant's poverty” must be stated “‘with some particularity, definiteness, and certainty.’” United States v. McQuade, 647 F.2d…