1 2 3 4 5 6 7 8 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 VALORUS HYATT CROMWELL, JR., Case No.: 23-CV-1407-CAB-WVG

14 Plaintiff,

ORDER DENYING MOTION TO

15 v. PROCEED IN FORMA PAUPERIS

16 EXPERIEAN INFORMATION SOLUTIONS, INC. et al., [Doc. No. 2] 17 Defendants. 18 19 20 Plaintiff Valorus Hyatt Cromwell, Jr. filed the complaint in this action on August 2, 21 2023. [Doc. No. 1.] Plaintiff did not prepay the filing fees required by 28 U.S.C. § 1914(a) 22 at the time of filing; instead, he filed a motion to proceed in forma pauperis (“IFP”) 23 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 his application, Plaintiff’s gross wages are $5,000 per month, his take 8 || home pay is $4,000 per month, and Plaintiff has no dependents. Based on the information 9 || provided, the Court is not persuaded that Plaintiff lacks the funds to pay the filing fee and 10 || “still afford the necessities of life.” Escobedo, 787 F.3d at 1234. 11 In light of the foregoing, Plaintiff's application to proceed IFP [Doc. No. 2] is 12 DENIED. Plaintiff must pay the filing fee no later than August 25, 2023 or his complaint 13 || will be dismissed without prejudice. 14 It is SO ORDERED. 15 Dated: August 2, 2023 € Z 16 Hon. Cathy Ann Bencivengo 17 United States District Judge 18 19 20 21 22 23 24 25 26 27 28