1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 DOLORES KELLY, Case No.: 23-CV-627-CAB-KSC

12 Plaintiff, ORDER DENYING WITHOUT 13 v. PREJUDICE APPLICATION TO PROCEED IN FORMA PAUPERIS 14 JEFF BEZOS, [Doc. No. 2] AND DENYING AS 15 Defendant. MOOT MOTION FOR COUNSEL [Doc. No. 3] 16 17 18 On April 6, 2023, Plaintiff Dolores Kelly filed a complaint [Doc. No. 1], along with 19 an application to proceed in forma pauperis (“IFP”) [Doc. No. 2] and a motion to appoint 20 counsel [Doc. No. 3]. For the following reasons, plaintiff’s IFP application and motion to 21 appoint counsel are DENIED. 22 Generally, all parties instituting a civil action in this court must pay a filing fee. See 23

(a); CivLR 4.5(a). But the court may authorize a party to proceed without 24 paying the fee if that party submits an affidavit demonstrating an inability to pay. 28 U.S.C. 25 § 1915(a). “An affidavit in support of an IFP application is sufficient where it alleges that 26 the affiant cannot pay the court costs and still afford the necessities of life.” Escobedo v. 27 Applebees,

(9th Cir. 2015). “[A] plaintiff seeking IFP status must 28 1 || allege poverty with some particularity, definiteness and certainty.” Jd. (internal quotation 2 ||marks omitted). 3 Here, Plaintiff’s IFP application is almost entirely blank. She fails to answer any of 4 ||the questions regarding whether she has any income, assets, or expenses. Without such 5 || details, the Court cannot determine whether Plaintiff is entitled to proceed IFP. In other 6 || words, based on the lack of “particularity, definiteness and certainty” in the information 7 || provided, the Court is not persuaded that Plaintiff lacks the funds to pay the filing fee and 8 || “still afford the necessities of life.” Escobedo,

. Therefore, Plaintiff’s 9 || application to proceed IFP [Doc. Nos. 2] is DENIED without prejudice, and Plaintiffs 10 || motion to appoint counsel [Doc. No. 3] is DENIED as moot. 11 Plaintiff shall have until May 1, 2023 to either pay the filing fee, or to file a new 12 application to proceed IFP that provides the required information with “particularity, 13 || definiteness, and certainty.” In particular, Plaintiff shall respond truthfully and completely 14 |/to Questions | - 8. If the filing fee is not paid or a renewed application to proceed in forma 15 || pauperis is not filed by May 1, 2023, the Clerk of the Court shall dismiss the case without 16 || prejudice and terminate the action. 17 IT IS SO ORDERED. 18 Dated: April 10, 2023 € ZL 19 Hon. Cathy Ann Bencivengo 20 United States District Judge 21 22 23 24 25 26 27 28