Gastelum
Gastelum v. M5 Dev LLC
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 FERNANDO GASTELUM, Case No. 21-cv-01255-BAS-AHG
Plaintiff,
ORDER DENYING PLAINTIFF’S
v. MOTION FOR LEAVE TO
PROCEED IN FORMA PAUPERIS
M5 DEV LLC, (ECF No. 2) Defendant.
16 17 On July 12, 2021, Plaintiff Fernando Gastelum filed this action against Defendant M5 dev LLC claiming violations of the Americans with Disabilities Act and certain California laws. On the same day, Plaintiff filed a motion seeking leave to proceed in forma pauperis (“IFP”). (IFP Mot., ECF No. 2.) For the reasons outlined below, the Court DENIES Plaintiff leave to proceed IFP. Under 28 U.S.C. § 1915, a litigant who because of indigency is unable to pay the required fees or security to commence a legal action may petition the court to proceed without making such payment. The determination of indigency falls within the district court’s discretion. Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), rev’d 27 …