1 UNITED STATES DISTRICT COURT

2 DISTRICT OF NEVADA

3 SAMUEL K. ROBINSON, ) 4 ) Plaintiff, ) Case No.: 2:18-cv-02142-GMN-BNW 5 vs. ) 6 ) ORDER CREDIT ONE BANK, ) 7 ) Defendant. ) 8 ) 9 10 Pending before the Court is the Order and Report and Recommendation (“Order and R. 11 & R.”) of United States Magistrate Judge Brenda Weksler, (ECF No. 7), which denies 12 Plaintiff’s Motion/Application to proceed in forma pauperis, (ECF No. 4), and, in light of the 13 Order, recommends that the Court dismiss Plaintiff’s case without prejudice and deny his 14 Motion for Leave to File his Amended Complaint, (ECF No. 5), as moot. Plaintiff filed an 15 objection to the R. & R., which challenges the Court’s dismissal of his in forma pauperis 16 application. (ECF No. 8). 17 On November 5, 2018, Plaintiff filed his first Motion/Application to Proceed in forma 18 pauperis. (ECF No. 1). The Court denied Plaintiff’s Motion/Application because Plaintiff 19 failed to properly complete the application. (Order 3:3–3:11, ECF No. 3). The Court instructed 20 Plaintiff to properly fill out a long form in forma pauperis application, or, in the alternative, pay 21 the required $400 filing fee by December 10, 2018. (Id. at 3:12–3:16). Plaintiff filed a second 22 Motion/Application to proceed in forma pauperis on December 7, 2018. (ECF No. 4). The 23 Court denied the Motion/Application because, as in his earlier Motion/Application, Plaintiff 24 failed to properly complete the form. (Order and R. & R. 6:12–7:4, ECF No. 7). 25 Under Local Rule LSR 1-1, “[a]ny person who is unable to prepay the fees in a civil case may apply to the court for authority to proceed in forma pauperis.” D. Nev. LSR 1-1. The 1 application requires the applicant to “include a financial affidavit disclosing the applicant’s 2 income, assets, expenses, and liabilities.” Id. It is within the court’s discretion to deny an 3 application to proceed in forma pauperis if the applicant is unable or unwilling to verify his 4 poverty. United States v. McQuade,

(9th Cir. 1981). If the plaintiff’s 5 application is denied, he must pay the requisite filing fee to proceed with his civil action in 6 federal court. See 28. U.S.C. § 1914. 7 The Court has denied Plaintiff’s Motions/Applications to Proceed in forma pauperis, 8 and Plaintiff has not paid the requisite filing fee. As a result, Plaintiff does not have standing to 9 object to Judge Weksler’s R. & R. Even if Plaintiff did have standing, the Court finds no error 10 in Judge Weksler’s analysis supporting the dismissal of Plaintiff’s Motion/Application. 11 Therefore, the Court ADOPTS Judge Weksler’s R. & R. Given that the Court is dismissing 12 Plaintiff’s case without prejudice, Plaintiff is not foreclosed from filing his claims upon 13 properly complying with the Court’s requirements of either paying the $400 filing fee or 14 properly completing an Application to proceed in forma pauperis. 15 Accordingly, 16 IT IS HEREBY ORDERED that the Report and Recommendation, (ECF No. 7), is 17 ADOPTED in full. 18 IT IS FURTHER ORDERED that Plaintiff’s Motion for Leave to File his Amended 19 Complaint, (ECF No. 5), is DENIED. 20 The Clerk of Court shall close the case. 21 22 DATED this __2_4__ day of September, 2019. 23 24 ___________________________________ Gloria M. Navarro, District Judge 25 United States District Court