1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 ZOCIMA MARIA BARRAGAN, Case No.: 23-CV-1255-CAB-BGS

14 Plaintiff,

ORDER DENYING MOTION TO

15 v. PROCEED IN FORMA PAUPERIS

AND REQUEST FOR

16 IRENE SHERWOOD et al.,

APPOINTMENT OF COUNSEL

17 Defendants. 18 [Doc. Nos. 2, 3] 19 20 On July 6, 2023, Plaintiff Zocima Maria Barragan filed a complaint [Doc. No. 1] 21 and a request for appointment of counsel [Doc. No. 3]. Plaintiff did not prepay the filing 22 fees required by 28 U.S.C. § 1914(a) at the time of filing; instead, she filed a motion to 23 proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). [Doc. No. 2]. 24 Generally, all parties instituting a civil action in this court must pay a filing fee. See 25 28 U.S.C. § 1914(a); CivLR 4.5(a). However, under 28 U.S.C. § 1915(a), the Court may 26 authorize the commencement, prosecution, or defense of any suit without payment of fees 27 if the plaintiff submits an affidavit, including a statement of all his or her assets, showing 28 that he or she is unable to pay filing fees or costs. “An affidavit in support of an IFP 1 || application is sufficient where it alleges that the affiant cannot pay the court costs and still 2 || afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). 3 || plaintiff seeking IFP status must allege poverty with some particularity, definiteness, 4 ||and certainty.” /d. (internal quotations omitted). The granting or denial of leave to proceed 5 || IFP in civil cases is within the sound discretion of the district court. Venerable v. Meyers, 6 F.2d 1215, 1216 (9th Cir. 1974) (citations omitted). 7 According to her application, Plaintiff has an after-tax bi-weekly income of $1,500 8 ||[Doc. No. 2-1 at 2], meaning her after-tax monthly income exceeds $3,000, while her 9 expenses are only $2,068.81 per month [Doc. No. 2 at 5]. Plaintiff also owns a relatively 10 automobile and has over $1,500 in savings. [Doc. No. 2 at 2-3.] Based on the 11 |/information provided, the Court is not persuaded that Plaintiff lacks the funds to pay the 12 || filing fee and “still afford the necessities of life.” Escobedo, 787 F.3d at 1234. 13 In light of the foregoing, Plaintiff's application to proceed IFP [Doc. No. 2] and 14 || request for appointment of counsel [Doc. No. 3] are DENIED. Plaintiff must pay the filing 15 || fee no later than July 31, 2023 or her complaint will be dismissed without prejudice. 16 It is SO ORDERED. 17 Dated: July 7, 2023 18 Hon. Cathy Ann Bencivengo 19 United States District Judge 20 21 22 23 24 25 26 27 28