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8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 FRITZ GERALD TOUSSAINT, CASE NO. 22-cv-00496-LAB-JLB 11

Plaintiff, 12 ORDER DENYING MOTION TO 13 vs. PROCEED IN FORMA PAUPERIS WITHOUT PREJUDICE [Dkt. 2] 14 ALL POINTS REALTY, 15 Defendant.

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17 Plaintiff Fritz Gerald Toussaint filed a Motion for Leave to Proceed in 18 Forma Pauperis. Dkt. 2. Because the Motion gives an incomplete picture of 19 Toussaint’s finances, it is DENIED WITHOUT PREJUDICE. 20 Motions for leave to proceed in forma pauperis (“IFP”) must establish 21 that the litigant “cannot because of [his] poverty pay or give security for costs 22 . . . and still be able to provide [him]self and dependents with the necessities 23 of life.” Adkins v. E.I. DuPont de Nemours & Co.,

, 339-40 24 / / / 25 / / / 26 / / / 27 / / / 1 || (1948). Litigants must comply with this District's Local Rules governing IFP 2 || applications. See CivLR 3.2." 3 The Motion is incomplete and contradictory, so the Court can't 4 || determine whether requiring Toussaint to pay filing fees would make him 5 unable to provide for himself and his dependents. Toussaint appears to 6 ||identify gross pay of $377 per month, but he doesn’t clearly identify the 7 || source of that income. Under the “Other Income’ category, he fails to state 8 || whether he has any business, profession, or other self-employment income 9 || or gift or inheritance income. In the same place, he checked “No” next to the 10 || “Any other [income] sources” item, but wrote in “patents” while neglecting to 11 || state what income (if any) he receives from patents. He acknowledges he 12 || has dependents, but he doesn’t divulge their number or relationship to him. 13 || He states that he has expenses and outstanding liabilities, but he doesn’t 14 || identify them. Toussaint’s conflicting and incomplete statements fail to carry 15 || his burden to demonstrate that he is unable to pay the filing fee. 16 The Motion is DENIED WITHOUT PREJUDICE. Within 21 days of 17 ||this Order, Toussaint must either (1) pay the entire $400 statutory and 18 || administrative filing fee, or (2) file a new IFP motion resolving the issues the 19 || Court identified. If Toussaint does neither, his complaint will be dismissed 20 || without prejudice and this case will be closed. 21 IT IS SO ORDERED. 22 93 || Dated: April 25, 2022 lt of 4. (buy WY 24 HON. LARRY ALAN BURNS 25 United States District Judge 26 The District Court’s website provides a form that would conform with the 97 Local Rules if fully and accurately completed. It can be found at https://www.casd.uscourts.gov/_assets/pdf/forms/Motion%20to%20Procee 28 || d%20InN%20Forma%20Pauperis. pdf