Yinpiao Zhou v. Donald J. Trump, President of the United States, et al.
- Proceeding
- original
- Outcome
- other — An affidavit in support of an IFP application is sufficient where it alleges 2 || that the affiant cannot pay the court
- Area
- civil
- Panel
- Janis L. Sammartino (author)
Analysis
Petitioner Yinpiao Zhou filed a petition for a writ of habeas corpus and a motion to waive fees and costs, asserting he was in detention and unable to access funds. The court denied the motion to waive fees for lack of specificity and dismissed the petition with leave to amend to submit a proper IFP form or pay the fee.
| What the court decided | The model |
|---|---|
Motion to Waive Fees and Costs (ECF No. 2) denied“Accordingly, the Court DENIES Petitioner’s Motion (ECF No. 2)” | agree with court The court correctly applied the requirement that an IFP application must allege poverty with particularity. The petitioner's bare assertion of being in detention and unable to access funds is insufficient to establish an inability to pay court costs while affording necessities of life, as required by 28 U.S.C. § 1915(a) and Ninth Circuit precedent. |
Petition for Writ of Habeas Corpus (ECF No. 1) dismissed with leave to amend“DISMISSES the Petition (ECF No. 1) with LEAVE TO AMEND until Petitioner submits a proper Form to Proceed In Forma Pauperis or pays the filing fee.” | agree with court Under 28 U.S.C. § 1915(a)(2), a court must dismiss a case if the petitioner is not entitled to proceed in forma pauperis. Since the IFP motion was denied for insufficient showing, dismissal with leave to amend is the standard procedural remedy to allow the petitioner to cure the deficiency by paying the fee or submitting a compliant affidavit. |
The order itself: sound — The order correctly identifies the legal standard for IFP applications and applies it to the petitioner's insufficient showing. The dismissal with leave to amend is the appropriate procedural step when an IFP application is deficient. The reasoning is concise but legally sufficient for a procedural order.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 YINPIAO ZHOU, Case No.: 25-CV-3503 JLS (DEB)
12 Petitioner, ORDER: 13 v. (1) DISMISSING WITH LEAVE TO 14 DONALD J. TRUMP, President of the AMEND PETITION FOR WRIT OF United States, et al., 15 HABEAS CORPUS, AND Respondents. 16 (2) DENYING MOTION TO WAIVE 17 FEES AND COSTS 18 (ECF Nos. 1, 2) 19 20 Presently before the Court is Petitioner Yinpiao Zhou’s Petition for Writ of Habeas 21 Corpus pursuant to 28 U.S.C. § 2241 (“Pet.,” ECF No. 1). Also before the Court is 22 Petitioner’s Motion to Waive Fees and Costs (“Mot.,” ECF No. 2). Petitioner’s Motion 23 “requests that the fees and costs related to the filing of this proceeding be waived because 24 he is currently in detention and unable to access his funds.” Mot. at 1. Without more 25 information, however, the Court cannot waive fees and costs on these grounds. See 26 Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (Pursuant to 28 U.S.C. § 27 1915(a), a plaintiff may commence an action without paying the filing fees where she 28 submits an affidavit stating that she lacks sufficient funds and where her suit is not frivolous 1 malicious. ... An affidavit in support of an IFP application is sufficient where it alleges 2 || that the affiant cannot pay the court costs and still afford the necessities of life... . [A] 3 || plaintiff seeking IFP status must allege poverty with some particularity, definiteness and 4 ||certainty.” (internal citations and quotation marks omitted)) 5 Accordingly, the Court DENIES Petitioner’s Motion (ECF No. 2) and DISMISSES 6 || the Petition (ECF No. 1) with LEAVE TO AMEND until Petitioner submits a proper Form 7 ||to Proceed In Forma Pauperis' or pays the filing fee. 8 IT IS SO ORDERED. 9 || Dated: December 11, 2025 . tt 10 jen Janis L. Sammartino 1 United States District Judge 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 a7lo0002~2~— 2g Available at: https://www.casd.uscourts.gov/_assets/pdf/attorney/prose/Motion%20to%20Proceed%20IFP. pdf.