1 2 3 4 5 UNITED STATES DISTRICT COURT 6 DISTRICT OF NEVADA 7 STATE OF NEVADA, 8 Case No.: 2:20-cv-02263-KJD-NJK Plaintiff, 9 ORDER v. 10 [Docket No. 1] ARAH MAUBA BEY, 11 Defendant. 12 13 Pending before the Court is Defendant’s application for leave to proceed in forma pauperis. 14 Docket No. 1. Defendant submits that the Privacy Act of 1974 does not require him to provide the 15 information requested in the application. Id. at 2. However, the Court’s Local Rules require an 16 applicant to disclose his income, assets, expenses, and liabilities to properly determine whether the 17 applicant should be granted leave to proceed in forma pauperis. LSR 1-1. See Sangster v. Clark 18 Cty. Det. Ctr.,

, at *1 (D. Nev. June 21, 2005) (“The right to proceed in a civil 19 action in forma pauperis is a privilege, not a right, granted by statute and local rules and is not 20 limited.”) (citing Jefferson v. United States,

, 724–25 (9th Cir. 1960)); see also 21 Escobedo v. Applebees,

(9th Cir. 2015) (“[A] plaintiff seeking IFP status 22 must allege poverty ‘with some particularity, definiteness and certainty.’”) (quoting United States 23 v. McQuade,

(9th Cir. 1981)). Accordingly, the Court will deny Defendant’s 24 application for leave to proceed in forma pauperis without prejudice. 25 The Court will retain Defendant’s documents, but will not file them until the matter of the 26 payment of the filing fee is resolved. Docket Nos. 1-1, 1-2. Defendant will be granted an 27 opportunity to cure the deficiencies of his application to proceed in forma pauperis or, in the 28 alternative, pay the full filing fee for this action. 1 Accordingly, Defendant’s application to proceed in forma pauperis is hereby DENIED 2|| without prejudice. Docket No. 1. The Court will retain Defendant’s documents, but will not file 3] them until the matter of the filing fee is resolved. Docket Nos. 1-1, 1-2. No later than January 15, 4 2021, Defendant shall either make the necessary arrangements to pay the filing fee, accompanied 5|| by a copy of this order, or file a complete and accurate application to proceed in forma pauperis. 6|| The Clerk’s Office shall send Defendant a blank application form. Failure to timely comply with this order will result in a recommendation to the District Judge that this case be dismissed without 8]| prejudice. 9 IT IS SO ORDERED. 10 Dated: December 16, 2020 Nancy J. Koppe 12 United States M agistrate Judge 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28