Bradley v. Salinas

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ALONZO BRADLEY, 9 Plaintiff, CASE NO. 2:20-cv-01017-JCC 10 v. ORDER TO SHOW CAUSE RE: PLAINTIFF’S APPLICATION TO BONITO SALINAS, owner of Lynnwood PROCEED IN FORMA PAUPERIS Tire and Auto, Defendant.

On July 8, 2020, Plaintiff Alonzo Bradley filed a Declaration and Application to Proceed In Forma Pauperis (“IFP”). Dkt. 4.

As a general rule, all parties instituting any civil action, suit or proceeding in a United States District Court must pay a filing fee. 28 U.S.C. § 1914(a). The Court may authorize the commencement of an action “without prepayment of fees and costs of security therefor, by a person who submits an affidavit that ... the person is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). Therefore, an action may proceed despite a failure to prepay the filing fee only if leave to proceed IFP is granted by the Court. See Rodriguez v. Cook, 169 21 F.3d 1178, 1177 (9th Cir. 1999).

The Ninth Circuit has held “permission to proceed [IFP] is itself a matter of privilege and not a right; denial of an [IFP] status does not violate the applicant’s right to due process.” Weller ORDER TO SHOW CAUSE RE: v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963). The Court has broad discretion to grant or deny a motion to proceed IFP. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990); Weller, 314 F.2d at 3 600-601.

4 By filing a request to proceed IFP, Plaintiff is asking the government to incur the filing fee because he allegedly is unable to afford the costs necessary to proceed with his complaint.

6 However, Plaintiff has not provided sufficient information, which would allow the Court to determine whether to grant his application. For example, Plaintiff did not properly complete the following portion of his application: ¶7 (monthly expenses incurred, such as housing, transportation, utilities, loan payments, or other regular monthly expenses). Plaintiff states that his monthly expenses are exactly the amount of his net monthly salary but fails to provide the itemization requested.

12 Accordingly, Plaintiff is ORDERED to provide this additional information by July 24, 2020 so that the Court may determine whether to grant or deny his IFP application.

14 DATED this 10th day of July, 2020.

A BRIAN A. TSUCHIDA Chief United States Magistrate Judge ORDER TO SHOW CAUSE RE: