Le’ola Fletcher v. TransUnion, LLC, et al.
Le’ola Fletcher v. TransUnion, LLC, et al.
Trial Court Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LE’OLA FLETCHER, No. 2:25–cv–02654–DJC-SCR 12 Plaintiff, ORDER 13 v. 14 TRANSUNION, LLC, et al., 15 Defendants. 16 17 Plaintiff is proceeding pro se in this matter, which is referred to the undersigned pursuant 18 to Local Rule 302(c)(21) and
28 U.S.C. § 636(b)(1). Before the court is Plaintiff’s motion for 19 leave to proceed in forma pauperis. See
28 U.S.C. § 1915(authorizing the commencement of an 20 action “without prepayment of fees or security” by a person that is unable to pay such fees). ECF 21 No. 2. 22 The motion makes an insufficient showing to proceed in forma pauperis (“IFP”). The 23 Ninth Circuit has recognized “one need not be absolutely destitute to obtain benefits” of the IFP 24 statute. Escobedo v. Applebees,
787 F.3d 1226, 1234(9th Cir. 2015). However, “a plaintiff 25 seeking IFP status must allege poverty with some particularity, definiteness and certainty.” Id. 26 (internal citation and quotation omitted). The current application does not demonstrate an 27 inability to pay the $405 filing fee. Plaintiff’s motion states she is currently employed and her 28 monthly salary is over $5,500. ECF No. 2 at 1. She also has other income, from rental payments, 1 | in the amount of $2,400/month. Jd. She lists as an asset real estate worth $321,000, with a 2 | mortgage payment of $2,210. Jd. at 2. She lists additional monthly expenses totaling $1,370. Id. 3 | Further, Plaintiff appears to include additional monthly expenses for prior debts which total 4 | approximately $1,409. Id. Thus, it appears that Plaintiff’s monthly take home pay of $5,400 plus 5 || $2,400 of rental income (for a total of $7,800) exceeds her monthly expenses of approximately 6 || $4,989, and that she has the ability to pay the filing fee. 7 Accordingly, IT IS HEREBY ORDERED that: 8 1. Plaintiff's motion to proceed IFP (ECF No. 2) is DENIED. 9 2. If Plaintiff wishes to proceed with this action, she must pay the filing fee within 30 10 days of the date of this Order. 11 3. If Plaintiff does not pay the filing fee within 30 days, the Court may recommend that 12 this action be dismissed. 13 4. Alternatively, if Plaintiff no longer wishes to pursue this action, Plaintiff may file a 14 notice of voluntary dismissal of this action pursuant to Rule 41 of the Federal Rules of 15 Civil Procedure. 16 IT IS SO ORDERED. 17 | DATED: October 14, 2025.
19 SEAN C. RIORDAN 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28
Reference
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