Valentin Garcia Diaz v. RJD Donovan Correctional Facility, et al.

8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA VALENTIN GARCIA DIAZ, Case No.: 3:25-cv-3765-CAB-JLB 12 Plaintiff, ORDER DENYING MOTION TO v. PROCEED IFP & DISMISSING COMPLAINT RJD DONOVAN CORRECTIONAL FACILITY, et al., 15 [Doc. No. 2] Defendants.

On December 22, 2025, Plaintiff Valentin Garcia Diaz filed a complaint against Defendants RJD Donovan Correctional Facility and Does 1–3 pursuant to 42 U.S.C. § 1983. [Doc. No. 1 at 3.] Plaintiff did not prepay the civil filing fees required by 28 20 U.S.C. § 1914(a) at the time of filing; instead, he filed a motion to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915(a). [Doc. No. 2.] For the reasons below, the Court DENIES the IFP motion and DISMISSES the complaint.

Generally, all parties instituting a civil action in this Court must pay a filing fee. See 28 U.S.C. § 1914(a); CivLR 4.5(a). But under 28 U.S.C. § 1915(a), the Court may authorize any suit’s commencement, prosecution, or defense without payment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing he or she is unable to pay filing fees or costs. “[A] plaintiff seeking IFP status must allege || poverty with some particularity, definiteness and certainty.” Escobedo v. Applebees, 787 || F.3d 1226, 1234 (9th Cir. 2015) (internal quotation marks omitted). Granting or denying || leave to proceed IFP in civil cases is within the district court’s sound discretion. Venable ||v. Meyers, 500 F.2d 1215, 1216 (9th Cir. 1974) (citations omitted).

5 The Court finds Plaintiff's IFP application is insufficient. He does not list any ||money he has in cash or in any bank account, nor does he list any expenses. The form || template he uses is missing the second page which requests additional information from ||the applicant. Accordingly, the Court DENIES his IFP motion.

9 Even if his IFP motion was sufficient, the Court dismisses Plaintiff's case as it is || frivolous and he fails to state a claim. See 28 U.S.C. § 1915(e)(2)(B). From what can be 11 discerned, Plaintiff alleges that prison staff did not talk to him and mocked him after he 12 them he was “telepathic.” [Doc. No. | at 4.] He also alleges that someone used 13 excessive force in grabbing him and carrying him back to his cell with no other details.

14 || [/d.] The Court finds Plaintiff's allegations to be frivolous and DISMISSES the complaint.

15 It is SO ORDERED.

16 Dated: February 3, 2026 € Hon. Cathy Ann Bencivengo 18 United States District Judge