1 2 3 4 UNITED STATES DISTRICT COURT 5 DISTRICT OF NEVADA 6 7 MARIE ENCAR ARNOLD, Case No. 2:25-cv-00123-CDS-NJK

8 Plaintiff, REPORT AND RECOMMENDATION 9 v. [Docket No. 1] 10 UNITED STATES OF AMERICA, et al., 11 Defendants. 12 13 Plaintiff has requested authority pursuant to

to proceed in forma pauperis. 14 Docket No. 1. 15 The Court may authorize the commencement of an action without prepayment of fees and 16 costs, or security therefor, by a person who has shown an inability to pay such costs.

1915(a)(1). A determination of whether the plaintiff has shown an inability to pay is a matter left 18 to the discretion of the Court. See, e.g., Flores v. Colvin, 2014 U.S. Dist. Lexis 93236, at *2 (D. 19 Nev. May 22, 2014), adopted, 2014 U.S. Dist. Lexis 93234 (D. Nev. July 9, 2014). In exercising 20 that discretion, the Court evaluates the income and assets to which the plaintiff has access, as well 21 as monthly expenses. See, e.g.,

. While an applicant need not be absolutely destitute to 22 qualify for a waiver of costs and fees, the applicant must demonstrate an inability to pay those 23 costs while still providing for the necessities of life. Adkins v. E.I. DuPont de Nemours & Co., 24

(1948). 25 Plaintiff’s application identifies a take-home monthly income of $4,516. Docket No. 1 at 26 1. The application identifies monthly expenses less than Plaintiff’s income. Id. at 2 (identifying 27 expenses totaling $3,333). Further, Plaintiff has $104,751 on hand. See id. In light of these 28 1} circumstances, the Court cannot find that Plaintiff is unable to pay the filing fee while still 2|| providing for the necessities of life. 3 Accordingly, the undersigned RECOMMENDS that the application to proceed in forma 4|| pauperis be DENIED and that Plaintiff be required to pay the filing fee. 5 Dated: February 25, 2025 6 f aS = —_ . Nancy J. Keppe 7 United States,Magistrate Judge

9 NOTICE 10 This report and recommendation is submitted to the United States District Judge assigned 11] to this case pursuant to

(b)(1). A party who objects to this report and 12] recommendation must file a written objection supported by points and authorities within fourteen 13] days of being served with this report and recommendation. Local Rule IB 3-2(a). Failure to file 14] a timely objection may waive the right to appeal the district court’s order. Martinez v. YIst, 951 15] F.2d 1153, 1157 (9th Cir. 1991). 16 17 18 19 20 21 22 23 24 25 26 27 28