Yinpiao Zhou v. Donald J. Trump, President of the United States, et al.

United States District Court for the Southern District of California

Yinpiao Zhou v. Donald J. Trump, President of the United States, et al.

Trial Court Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 YINPIAO ZHOU, Case No.: 25-CV-3503 JLS (DEB)

12 Petitioner, ORDER: 13 v. (1) DISMISSING WITH LEAVE TO 14 DONALD J. TRUMP, President of the AMEND PETITION FOR WRIT OF United States, et al., 15 HABEAS CORPUS, AND Respondents. 16 (2) DENYING MOTION TO WAIVE 17 FEES AND COSTS

18 (ECF Nos. 1, 2) 19 20 Presently before the Court is Petitioner Yinpiao Zhou’s Petition for Writ of Habeas 21 Corpus pursuant to

28 U.S.C. § 2241

(“Pet.,” ECF No. 1). Also before the Court is 22 Petitioner’s Motion to Waive Fees and Costs (“Mot.,” ECF No. 2). Petitioner’s Motion 23 “requests that the fees and costs related to the filing of this proceeding be waived because 24 he is currently in detention and unable to access his funds.” Mot. at 1. Without more 25 information, however, the Court cannot waive fees and costs on these grounds. See 26 Escobedo v. Applebees,

787 F.3d 1226, 1234

(9th Cir. 2015) (Pursuant to

28 U.S.C. § 27

1915(a), a plaintiff may commence an action without paying the filing fees where she 28 submits an affidavit stating that she lacks sufficient funds and where her suit is not frivolous 1 malicious. ... An affidavit in support of an IFP application is sufficient where it alleges 2 || that the affiant cannot pay the court costs and still afford the necessities of life... . [A] 3 || plaintiff seeking IFP status must allege poverty with some particularity, definiteness and 4 ||certainty.” (internal citations and quotation marks omitted)) 5 Accordingly, the Court DENIES Petitioner’s Motion (ECF No. 2) and DISMISSES 6 || the Petition (ECF No. 1) with LEAVE TO AMEND until Petitioner submits a proper Form 7 ||to Proceed In Forma Pauperis' or pays the filing fee. 8 IT IS SO ORDERED. 9 || Dated: December 11, 2025 . tt 10 jen Janis L. Sammartino 1 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7lo0002~2~— 2g Available at: https://www.casd.uscourts.gov/_assets/pdf/attorney/prose/Motion%20to%20Proceed%20IFP. pdf.

Reference

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