1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Case No.: 21-CV-1893-CAB-AGS JONATHAN WILLIAM MCKINNEY, 11 ORDER DENYING MOTION TO Plaintiff, 12 PROCEED IN FORMA PAUPERIS v. 13 CENTRAL INTELLIGENCE AGENCY, [Doc. No. 2] 14 Defendant. 15 16 17 18 This matter comes before the court on Plaintiff’s application to proceed in forma 19 pauperis (“IFP”). [Doc. No. 2.] Generally, all parties instituting a civil action in the district 20 court must pay a filing fee. See

(a); CivLR 4.5(a). However, the Court 21 may authorize a party to proceed without paying the fee if that party submits an affidavit 22 demonstrating an inability to pay.

(a). “An affidavit in support of an IFP 23 application is sufficient where it alleges that the affiant cannot pay the court costs and still 24 afford the necessities of life.” Escobedo v. Applebees,

(9th Cir. 2015). 25 “Nonetheless, a plaintiff seeking IFP status must allege poverty with some particularity, 26 definiteness and certainty.”

(internal quotation marks omitted). 27 According to his application, Plaintiff has a monthly income of $4,000, with monthly 28 expenses of $3,750, and over $2,000 in a checking account. Based on the information 1 || provided, the court is not persuaded that Plaintiff lacks the ability to pay the filing fee and 2 || “still afford the necessities of life.” Escobedo,

. 3 For all the foregoing reasons, Plaintiff's application to proceed IFP is DENIED. 4 || Plaintiff is also advised that the proper venue for this case appears to be the Central District 5 || of California, where Plaintiff resides, and not this district, which does not appear to have 6 connection to Plaintiffs claim. Absent additional allegations establishing proper 7 || venue in this district, the Court will transfer this case to the Central District if Plaintiff pays 8 filing fee here. Alternatively, Plaintiff may simply re-file his complaint in the Central 9 || District and pay the filing fee there. If Plaintiff chooses to pay the filing fee in this district, 10 || he must do so no later than December 3, 2021. If Plaintiff fails to pay the filing fee by the 11 || deadline, the Clerk shall close the case without further order from the Court. 12 Itis SO ORDERED. 13 ||Dated: November 10, 2021 € 14 Hon. Cathy Ann Bencivengo 15 United States District Judge 16 17 18 19 20 21 22 23 24 25 26 27 28