(PC) Hill v. Warden

United States District Court for the Eastern District of California

(PC) Hill v. Warden

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 GARY HILL, No. 2:25–cv–1891 AC 12 Plaintiff, 13 v. ORDER 14 WARDEN, 15 Defendant. 16 17 Plaintiff, a former inmate, has filed a civil rights action under

42 U.S.C. § 1983

. See ECF 18 No. 1. Before the court is plaintiff’s motion for leave to proceed in forma pauperis (“IFP”) 19 pursuant to

28 U.S.C. § 1915

, which authorizes the commencement of an action “without 20 prepayment of fees or security” by a person that is unable to pay such fees. See ECF No. 2. 21 Plaintiff’s motion makes an insufficient showing to proceed IFP. As the Ninth Circuit has 22 recognized, “one need not be absolutely destitute to obtain benefits” under the IFP statute, 23 however “a plaintiff seeking IFP status must allege poverty ‘with some particularity, definiteness 24 and certainty.’” Escobedo v. Applebees,

787 F.3d 1226, 1234

(9th Cir. 2015) (citations omitted). 25 Here, the IFP application contains several omissions. Plaintiff does not respond to any of 26 the “Yes” or “No” questions under the heading “3. Other Income.” ECF No. 2 at 1. After leaving 27 these questions blank, he writes “SSI 10.86” in response to the statement “If you answered ‘Yes’ 28 to any question above, describe below or on separate pages each source of money and state the 1 | amount that you receive and what you expect to receive in the future.”

Id.

It is unclear whether 2 || this is meant to indicate a monthly amount of Supplemental Security Income, and if so whether 3 | that amount is $10.86 or $1,086. Plaintiff provides no other information that would be helpful in 4 || completing an IFP analysis. Plaintiff writes “None” in response to questions four through eight, 5 || which ask about any amount of money plaintiff has in cash or in a checking or savings account, 6 || assets, expenses, dependents that rely on him for support, and any debts or financial obligations. 7 || Id. at 2. 8 Accordingly, IT IS HEREBY ORDERED that: 9 1. Plaintiff shall file a complete application to proceed IFP to address the deficiencies 10 || set forth herein within twenty (21) days of the date of this order. 11 2. Alternatively, Plaintiff may pay the filing fee. 12 3. If Plaintiff does not supplement the application or pay the filing fee within twenty- 13 || one (21) days, the undersigned will issue findings and recommendations that plaintiffs IFP 14 || motion be denied. 15 | DATED: July 11, 2025 ~ Ctt10 Lhar—e_ ALLISONCLAIRE. SS 17 UNITED STATES MAGISTRATE JUDGE 18 19 20 21 22 23 24 25 26 27 28

Reference

Status
Unknown