1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 Dolores Kelly, Case No.: 3:22-cv-464-CAB-BGS

12 Plaintiff, ORDER DENYING WITHOUT 13 v. PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS 14 Government, et al, [Doc. No. 2] AND DENYING AS 15 Defendant. MOOT MOTION TO APPOINT COUNSEL [Doc. No. 3] 16

17 On April 7, 2022, Plaintiff Dolores Kelly filed a complaint. [Doc. No. 1.] Plaintiff 18 also filed an application to proceed in forma pauperis (“IFP”) [Doc. No. 2] and a motion 19 to appoint counsel [Doc. No. 3]. For the following reasons, plaintiff’s application is 20 DENIED. 21 Generally, all parties instituting a civil action in this court must pay a filing fee. See 22

(a); CivLR 4.5(a). However, the Court may authorize a party to proceed 23 without paying the filing fee if that party submits an affidavit demonstrating an inability to 24 pay.

(a). “An affidavit in support of an IFP application is sufficient where 25 it alleges that the affiant cannot pay the court costs and still afford the necessities of life.” 26 Escobedo v. Applebees,

(9th Cir. 2015). “[A] plaintiff seeking IFP 27 28 1 status must allege poverty with some particularity, definiteness and certainty.” /d. (internal 2 || quotation marks omitted). 3 In her IFP application, Plaintiff fails to answer any of the questions regarding 4 || whether she has any income or assets of any kind. [Doc. No. 2, Questions 1-7.] She also 5 || fails to respond to the question about her monthly expenses. [/d., Question 8.] It is simply 6 credible to assume that Plaintiff has no income and no expenses. 7 Based on the lack of “particularity, definiteness and certainty” in the information 8 || provided, the Court is not persuaded that Plaintiff lacks the funds to pay the filing fee and 9 || “still afford the necessities of life.’ Escobedo,

. Therefore, □□□□□□□□□□ □ 10 || application to proceed IFP [Doc. No. 2] is DENIED without prejudice, and Plaintiff’s 11 || motion to appoint counsel [Doc. No. 3] is DENIED as moot. 12 Plaintiff shall have until May 2, 2022 to either pay the filing fee, or file a new 13 || application to proceed IFP that provides with “particularity, definiteness, and certainty” the 14 required information. In particular, Plaintiff shall respond truthfully to Questions | - 8. If 15 || the filing fee is not paid or a renewed application to proceed in forma pauperis is not filed 16 May 2, 2022, the Clerk of the Court shall dismiss the case without prejudice and 17 terminate the action. 18 IT IS SO ORDERED. 19 || Dated: April 8, 2022 € 20 Hon. Cathy Ann Bencivengo 21 United States District Judge 22 23 24 25 26 27 28