1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 Jeff Nelson, No. 2:22-cv-01619-KJM-DB 12 Plaintiff, ORDER 13 Vv. 14 | City of Fairfield, 1S Defendant. 16 17 Plaintiff Jeff Nelson, who is represented by counsel, recently filed a civil rights complaint 18 | alleging police used unnecessary force in response to his 911 call for police to help his son. See 19 | Compl. 9§ 7-9, ECF No. 1. He now applies to proceed in forma pauperis (IFP). 20 “[A] plaintiff may commence an action without paying the filing fees where she submits 21 | an affidavit stating that she lacks sufficient funds and where her suit is not frivolous or 22 | malicious.” Escobedo v. Applebees,

(9th Cir. 2015). It is not necessary to 23 | prove absolute destitution. Adkins v. EI. DuPont de Nemours & Co.,

(1948). 24 | The applicant must include enough information in the affidavit to show that the applicant cannot 25 | “pay the court costs and still afford the necessities of life.” Escobedo,

. 26 Nelson states in his application that he is not employed and that he has income of $2,000 27 | per month from “social security” and “welfare.” App. at 1, ECF No. 2. He has no funds in cash 28 | or bank accounts and no other valuable assets. /d. at 2. He pays $1,500 per month for housing

1 | and utilities. Jd. He also states that he owes “2,000 in restitution,” but he does not describe that 2 | debt any further, so the court has not taken it into account. See

3 Nelson’s income leaves him at most $500 per month to pay for the necessities of life after 4 | housing and utilities. If he were required to pay the filing fee, he would be left with only $150 for 5 | everything from food to transportation, and he has no savings or other assets to fall back upon. 6 | His affidavit is sufficient, and the court cannot conclude his complaint is frivolous or malicious, 7 | so his application to proceed IFP (ECF No. 2) is granted. 8 IT IS SO ORDERED. 9 DATED: October 18, 2022. 10 CHIEF ED STATES DISTRICT JUDGE

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