Shelton

Shelton v. United States Border Patrol

Good Law
United States District Court, Southern District of CaliforniaSeptember 16, 20213:21-cv-01614California459 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Case No.: 21-CV-1614-CAB-LL

JEFF S. SHELTON,

ORDER DENYING MOTION TO

Plaintiff, PROCEED IN FORMA PAUPERIS v. 13 UNITED STATES CUSTOMS AND [Doc. No. 2]

BORDER PATROL,

15 Defendant. 16 17 This matter comes before the court on Plaintiff Jeff Shelton’s motion to proceed in forma pauperis (“IFP”). [Doc. No. 2.] Generally, all parties instituting a civil action in the district court must pay a filing fee. See 28 U.S.C. § 1914(a); CivLR 4.5(a). However, the Court may authorize a party to proceed without paying the fee if that party submits an affidavit demonstrating an inability to pay. 28 U.S.C. § 1915(a). “An affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). “Nonetheless, a plaintiff seeking IFP status must allege poverty with some particularity,…

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