Holt

Holt v. Simmons

Good Law
United States District Court, Southern District of CaliforniaSeptember 7, 20233:23-cv-01618California723 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA Berdalia HOLT, Case No.: 23-cv-1618-AGS-WVG Plaintiff, ORDER DENYING MOTIONS TO

PROCEED IN FORMA PAUPERIS

v. (ECF 2) AND FOR APPOINTMENT Erika SIMMONS, et al., OF COUNSEL (ECF 3) Defendants. 15 Plaintiff Berdalia Holt requests to proceed without paying the filing fee and for recruitment of counsel. (See ECF 2 & 3.) Those requests are denied. Typically, parties instituting a civil action in a United States district court must pay filing fees of $402.1 See 28 U.S.C. § 1914(a). But if granted the right to proceed in forma pauperis, a plaintiff can proceed without paying the fee. Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). An affidavit in support of an IFP application is sufficient if 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). Although plaintiffs “need not be 24 25 26 1 In addition to the $350…

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