1

2 UNITED STATES DISTRICT COURT 3 DISTRICT OF NEVADA 4 * * * 5 Michael Keklikian dba Renters Warehouse Case No. 2:23-cv-01230-RFB-DJA 6 Nevada, LLC,

7 Plaintiff, Order

8 v.

9 DeAnn Johnson and Christa Hicks,

10 Defendants.

11 12 Pro se Defendants DeAnn Johnson and Christa Hicks1 filed an application to proceed in 13 forma pauperis. (ECF No. 2). However, the application is missing certain information. The 14 Court thus denies the application without prejudice. 15 I. Discussion. 16 Under

(a)(1), a plaintiff may bring a civil action “without prepayment of 17 fees or security therefor” if the plaintiff submits a financial affidavit that demonstrates the 18 plaintiff “is unable to pay such fees or give security therefor.” The Ninth Circuit has recognized 19 that “there is no formula set forth by statute, regulation, or case law to determine when someone 20 is poor enough to earn [in forma pauperis] status.” Escobedo v. Applebees,

, 1235 21 (9th Cir. 2015). An applicant need not be destitute to qualify for a waiver of costs and fees, but 22 he must demonstrate that because of his poverty he cannot pay those costs and still provide 23 himself with the necessities of life. Adkins v. E.I DuPont de Nemours & Co.,

, 339 24 (1948). 25 26

27 1 Defendants have attached a document titled “Notice of Removal Pursuant to 28 USC 1446” to 1 The applicant’s affidavit must state the facts regarding the individual’s poverty “with 2 some particularity, definiteness and certainty.” United States v. McQuade,

, 940 3 (9th Cir. 1981) (citation omitted). If an individual is unable or unwilling to verify his or her 4 poverty, district courts have the discretion to make a factual inquiry into a plaintiff’s financial 5 status and to deny a request to proceed in forma pauperis. See, e.g., Marin v. Hahn, 271

(9th Cir. 2008) (finding that the district court did not abuse its discretion by 7 denying the plaintiff’s request to proceed in forma pauperis because he “failed to verify his 8 poverty adequately”). “Such affidavit must include a complete statement of the plaintiff’s 9 personal assets.” Harper v. San Diego City Admin. Bldg., No. 16-cv-00768 AJB (BLM), 2016

, at *1 (S.D. Cal. June 9, 2016). Misrepresentation of assets is sufficient 11 grounds for denying an in forma pauperis application. Cf. Kennedy v. Huibregtse,

, 12 443-44 (7th Cir. 2016) (affirming dismissal with prejudice after litigant misrepresented assets on 13 in forma pauperis application). 14 Defendant DeAnn Johnson has partially answered Question 2 and answered Question 3 15 but has not answered any other questions. On the docket, Johnson includes an address. The 16 Court takes judicial notice of the fact that public records reveal the address is an apartment 17 complex. Johnson does not provide any details in the application regarding how she pays rent, 18 how she pays utilities or other bills, or how she lives considering her claim to have no money and 19 no bills. The Court finds that Johnson has omitted information from the application. As a result, 20 the Court cannot determine whether Johnson qualifies for in forma pauperis status. 21 The Court will give Johnson one opportunity to file a complete in forma pauperis 22 application. The Court further orders that Johnson may not respond with a zero or “not 23 applicable” in response to any question without providing an explanation for each of the 24 questions. Johnson also may not leave any questions blank. Johnson must describe each source 25 of money that she receives, state the amount she receives, and what she expects to receive in the 26 future. 27 The Court denies Johnson’s in forma pauperis application without prejudice. The Court 1 || questions and check all applicable boxes. Johnson may alternatively pay the filing fee in full. 2 || Since the Court denies Johnson’s application, it does not screen the complaint at this time. 3 4 IT IS THEREFORE ORDERED that Johnson’s application to proceed in forma 5 || pauperis (ECF No. 2) is denied without prejudice. 6 IT IS FURTHER ORDERED that Johnson has until September 20, 2023 to file an 7 || updated application to proceed in forma pauperis as specified in this order or pay the filing fee. 8 || Failure to timely comply with this order may result in a recommendation to the district judge that 9 || this case be dismissed. 10 IT IS FURTHER ORDERED that the Clerk of Court is kindly directed to mail Johnson 11 || acopy of this order and of the Short Form application to proceed in forma pauperis and its 12 || instructions.* 13 14 DATED: August 21, 2023 ) —~y ~

DANIEL J. ALBREGTS\ 16 UNITED STATES MAGISTRATE JUDGE 17 18 19 20 21 22 23 24 25 26 This form and its mstructions can also be found at https://www.nvd.uscourts.gov/court- 28 information/forms/ under Code AO 240.