Beasley v. Washoe County School District
Beasley v. Washoe County School District
Trial Court Opinion
1 UNITED STATES DISTRICT COURT 2 DISTRICT OF NEVADA 3 Case No.: 3:21-cv-00406-MMD-WGC LISA ANN BEASLEY, 4 Order Plaintiff 5 Re: ECF No. 1 v. 6 WASHOE COUNTY SCHOOL DISTRICT, 7 Defendant 8
9 Plaintiff has filed an application to proceed in forma pauperis (IFP) and pro se 10 complaint. (ECF Nos. 1, 1-1.) 11 A person may be granted permission to proceed IFP if the person “submits an affidavit 12 that includes a statement of all assets such [person] possesses [and] that the person is unable to 13 pay such fees or give security therefor. Such affidavit shall state the nature of the action, defense 14 or appeal and affiant’s belief that the person is entitled to redress.”
28 U.S.C. § 1915(a)(1). 15 The Local Rules of Practice for the District of Nevada provide: “Any person who is 16 unable to prepay the fees in a civil case may apply to the court for authority to proceed [IFP]. 17 The application must be made on the form provided by the court and must include a financial 18 affidavit disclosing the applicant’s income, assets, expenses, and liabilities.” LSR 1-1. 19 “[T]he supporting affidavits [must] state the facts as to [the] affiant’s poverty with some 20 particularity, definiteness and certainty.” U.S. v. McQuade,
647 F.2d 938, 940(9th Cir. 1981) 21 (quotation marks and citation omitted). A litigant need not “be absolutely destitute to enjoy the 22 benefits of the statute.” Adkins v. E.I. Du Pont de Nemours & Co.,
335 U.S. 331, 339(1948). 23 ] The IFP application appears to report that she and her husband have an annual income of 21} $40,290. This works out to be $3,357.50 per month; however, Plaintiff's list of expenses, which includes a home loan, car, utilities, and a storage unit, totals $1,212. This leaves $2,145.50 in monthly income, which would not qualify Plaintiff for IFP status. 5 As such, Plaintiff's IFP application is DENIED WITHOUT PREJUDICE. Within thirty days of the date of this Order, Plaintiff must either file a new IFP application that 7|| demonstrates she qualifies for IFP status, or pay the $402 filing fee ($350 filing fee plus $52 8|| administrative fee). IS SO ORDERED. Dated: January 5, 2022 11 G. William G. Cobb 12 United States Magistrate Judge 13 14 15 16 17 18 19 20 21 22 23
Reference
- Status
- Unknown