Shantel L. Tyree v. John Phelan, Secretary, Department of the Navy, et al.
- Proceeding
- district
- Area
- civil
- Panel
- Linda Lopez (author)
Analysis
Plaintiff Shantel L. Tyree, proceeding pro se, filed a motion for leave to proceed in forma pauperis (IFP) in a civil action against the Secretary of the Navy and others. The Court granted the motion, finding that Plaintiff met the statutory requirements for IFP status under 28 U.S.C. § 1915.
| What the court decided | The model |
|---|---|
Motion for leave to proceed in forma pauperis granted“Accordingly, the Court GRANTS Plaintiff's Motion Proceed IFP.” | agree with court The order recites that the Plaintiff attested to having no income and no savings. Under 28 U.S.C. § 1915(a)(1), a court must grant IFP status if the plaintiff submits an affidavit that they are unable to pay fees or give security for costs. The cited authorities (Adkins, Escobedo, Moore) correctly establish that a plaintiff need not be absolutely destitute, only unable to pay fees without impairing necessities of life. The court's finding that the Plaintiff is unable to pay without impairing necessities for herself and her children is consistent with the statutory standard and the recited facts. |
The order itself: sound — The order correctly applies the statutory standard for IFP status. It cites the relevant statute (28 U.S.C. § 1915) and binding Ninth Circuit and Supreme Court precedent defining the 'necessities of life' standard. The court explicitly finds that the Plaintiff's affidavit meets this standard based on the recited facts (no income, no savings). The reasoning is complete and directly answers the motion.
Opinion
1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 SHANTEL L. TYREE, Case No.: 25cv2735-LL-AHG 12 Plaintiff, ORDER GRANTING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS 14 JOHN PHELAN, Secretary, Department [ECF No. 2] of the Navy, et al., 15 Defendants. 16 17 18 Before the Court is Plaintiff Shantel L. Tyree’s, proceeding pro se, motion for leave 19 to proceed in forma pauperis (“IFP”). ECF No. 2. 20 All parties instituting any civil action, suit, or proceeding in district court of the 21 United States, except an application for writ of habeas corpus, must pay a filing fee of 22 $405.1 See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to 23 prepay the entire fee only if they are granted leave to proceed IFP pursuant to 24 28 U.S.C. § 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). “All 25 26 27 1 In addition to the $350 statutory fee, civil litigants must pay an additional administrative fee of $55. See 28 U.S.C. § 1914. The additional $55 administrative fee does not apply to 28 1 || persons, not just prisoners, may seek IFP status.” Moore v. Maricopa Cnty. Sheriff's □□□□ 2 F.3d 890, 892 (9th Cir. 2011). A plaintiff seeking IFP status must allege poverty “with 3 ||some particularity, definiteness and certainty.” Escobedo v. Applebees, 787 F.3d 1126, 4 ||1234 (9th Cir. 2015) (internal citation omitted). “An affidavit in support of an IFP 5 || application is sufficient where it alleges that an affiant cannot pay the court costs and still 6 || afford the necessities of life.” Jd. While the IFP statute does not itself define what constitute 7 || insufficient assets, a party need not “be absolutely destitute” to proceed IFP. Adkins v. EI. 8 || DuPont de Nemours & Co., 335 U.S. 331, 339 (1948). 9 Having read and considered Plaintiff's application, the Court finds that Plaintiff 10 meets the requirements for IFP status under 28 U.S.C. § 1915. Plaintiff attests that she has 11 ||no income and no savings. ECF No. 2. The Court finds Plaintiff unable to pay the Court’s 12 || filing fees without impairing her ability to provide the necessities of life for herself and her 13 children. See Adkins, 335 U.S. at 339. Accordingly, the Court GRANTS Plaintiff's Motion 14 Proceed IFP. 15 The Clerk shall issue a summons and mail it to Plaintiff along with a blank U.S. 16 || Marshal Form 285 for each named Defendant, a certified copy of Plaintiffs complaint, and 17 ||a certified copy of this order. Plaintiff must complete the Form 285 and return it to the U.S. 18 || Marshal according to the instructions provided by the Clerk with the form. Thereafter, the 19 ||U.S. Marshal shall serve a copy of the complaint, summons, and this order upon 20 || Defendants as directed by Plaintiff on her Form 285. 21 IT IS SO ORDERED. 22 ||Dated: December 19, 2025 NO 23 QF | 74 Honorable Linda Lopez 35 United States District Judge 26 27 28