gno.law

District Court, S.D. California · 3:26-cv-01719 · 2026-05-11 · Unknown

Michael Hamanaka v. Benevolent and Protective Order of Elks of the United States of America, et al.

Proceeding
district
Area
civil
Panel
Linda Lopez (author)

Analysis

A model's reading — qwen3.8-27b, prompt own-v1, 2026-10-13T20:31Z · confidence high

The court considered a pro se plaintiff's motion to proceed in forma pauperis (IFP) filed on the short form (AO 240) rather than the required long form (AO 239). The court denied the motion without prejudice, ordering the plaintiff to pay the filing fee or file a renewed application using the correct long form by June 1, 2026.

What the court decidedThe model
Motion to Proceed In Forma Pauperis denied without prejudice
“Thus, the Court DENIES WITHOUT PREJUDICE Plaintiff’s application to proceed IFP.”
agree with court
The court correctly identified that the local district rule requires the long form (AO 239) for IFP applications. Denying the motion without prejudice for using the incorrect form is a standard procedural mechanism to allow the plaintiff to cure the defect. The court provided a specific deadline and attached the correct form, ensuring the plaintiff has a fair opportunity to comply.

The order itself: sound — The order is procedurally sound. It correctly applies the local rule requiring the long form for IFP applications. The denial without prejudice is appropriate because the defect (wrong form) is curable. The court properly cited the relevant statutes and case law regarding the subsequent screening process, although the screening itself is deferred until a proper application is filed. The reasoning is concise and directly addresses the procedural deficiency.

How this analysis was made · dispute it

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 MICHAEL HAMANAKA, Case No.: 26cv1719-LL-BJW 12 Plaintiff, ORDER DENYING MOTION TO 13 v. PROCEED IN FORMA PAUPERIS 14 BENEVOLENT AND PROTECTIVE [ECF No. 2] ORDER OF ELKS OF THE UNITED 15 STATES OF AMERICA, et al., 16 Defendants. 17 18 19 20 Before the Court is pro se Plaintiff Michael Hamanaka’s Motion to Proceed In 21 Forma Pauperis (“IFP”). ECF No. 2. Plaintiff used the short form (AO 240). Id. In this 22 district, pro se litigants seeking IFP status are required to use the long form application 23 (AO 239). Thus, the Court DENIES WITHOUT PREJUDICE Plaintiff’s application to 24 proceed IFP. Attached to this Order is a copy of Form AO 239 (“Application to Proceed in 25 District Court Without Prepaying Fees or Costs (Long Form)”). Plaintiff shall have until 26 June 1, 2026 to pay the filing fee or file a renewed application to proceed IFP using the 27 long form attached hereto. Plaintiff should note that the IFP application specifically 28 instructs applicants not to leave any blanks, and to instead respond “0,” “none,” or “not | ||}applicable (N/A)” as necessary. Failure to provide a complete IFP application may result 2 ||in the Court’s denial of the application. 3 If Plaintiff files a renewed application to proceed IFP, the Court will screen the 4 ||Complaint at that time. 28 U.S.C. §§ 1915(e)(2), 1915A; Calhoun v. Stahl, 254 F.3d 845, 5 (9th Cir. 2001) (holding that district courts must screen all IFP plaintiffs’ complaints, 6 ||not just prisoners’). The Court is also authorized to deny IFP if the complaint would be 7 || subject to dismissal after screening. See Minetti v. Port of Seattle, 152 F.3d 1113, 1115 8 || (9th Cir. 1998). 9 IT IS SO ORDERED. 10 || Dated: May 11, 2026 NO 1] QF | 12 Honorable Linda Lopez 3 United States District Judge 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Page 1 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) UNITED STATES DISTRICT COURT for the Plaintiff/Petitioner ) v. ) Civil Action No.

Defendant/Respondent ) APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYING FEES OR COSTS (Long Form)

Affidavit in Support of the Application Instructions Tam a plaintiff or petitioner in this case and declare Complete all questions in this application and then sign it. that I am unable to pay the costs of these proceedings Do not leave any blanks: if the answer to a question is “0,” and that I am entitled to the reliefrequested. Ideclare “none,” or “not applicable (N/A),” write that response. If under penalty of perjury that the information belowis = you need more space to answer a question or to explain your true and understand that a false statement may resultin answer, attach a separate sheet of paper identified with your a dismissal of my claims. name, your case's docket number, and the question number. Signed: Date:

1. For both you and your spouse estimate the average amount of money received from each of the following sources during the past 12 months. Adjust any amount that was received weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. Use gross amounts, that is, amounts before any deductions for taxes or otherwise. Income source Average monthly income Income amount expected amount during the past 12 next month months soe meacentpesedemwinw foes PM pe sos BB AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Retirement (such as social security, pensions, annuities, $ $ $ $ insurance) Disability (such as social security, insurance payments) $ $ $ $ Unemployment payments $ $ $ $ Public-assistance (such as welfare) $ $ $ $ Other (specify): $ $ $ $ $ 0.00 $ 0.00 $ 0.00 $ 0.00 Total monthly income: 2. List your employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ 3. List your spouse's employment history for the past two years, most recent employer first. (Gross monthly pay is before taxes or other deductions.) Employer Address Dates of employment Gross monthly pay $ $ $ 4. How much cash do you and your spouse have? $ Below, state any money you or your spouse have in bank accounts or in any other financial institution. Financial institution Type of account Amount you have Amount your spouse has $ $ $ $ $ $ If you are a prisoner, you must attach a statement certified by the appropriate institutional officer showing all receipts, expenditures, and balances during the last six months in your institutional accounts. If you have multiple accounts, perhaps because you have been in multiple institutions, attach one certified statement of each account. Page 3 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 5. List the assets, and their values, which you own or your spouse owns. Do not list clothing and ordinary household furnishings. Assets owned by you or your spouse Make and year:

Registration #:

Make and year:

Registration #:

6. State every person, business, or organization owing you or your spouse money, and the amount owed. Person owing you or your spouse Amount owed to you Amount owed to your spouse money 7. State the persons who rely on you or your spouse for support. Name (or, if under 18, initials only) Relationship AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) 8. Estimate the average monthly expenses of you and your family. Show separately the amounts paid by your spouse. Adjust any payments that are made weekly, biweekly, quarterly, semiannually, or annually to show the monthly rate. You Your spouse Rent or home-mortgage payment (including lot rented for mobile home) Are real estate taxes included? ’ Yes ’ No $ $ Is property insurance included? ’ Yes ’ No Utilities (electricity, heating fuel, water, sewer, and telephone) $ $ Home maintenance (repairs and upkeep) $ $ Food $ $ Clothing $ $ Laundry and dry-cleaning $ $ Medical and dental expenses $ $ Transportation (not including motor vehicle payments) $ $ Recreation, entertainment, newspapers, magazines, etc. $ $ Insurance (not deducted from wages or included in mortgage payments) Homeowner's or renter's: $ $ Life: $ $ Health: $ $ Motor vehicle: $ $ Other: $ $ Taxes (not deducted from wages or included in mortgage payments) (specify): $ $ Installment payments Motor vehicle: $ $ Credit card (name): $ $ Department store (name): $ $ Other: $ $ Alimony, maintenance, and support paid to others $ $ Page 5 of 5 AO 239 (Rev. 01/15) Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) Regular expenses for operation of business, profession, or farm (attach detailed statement)

Total monthly expenses: $ 0.00/S 0.00 9. Do you expect any major changes to your monthly income or expenses or in your assets or liabilities during the next 12 months? OYes ONo If yes, describe on an attached sheet. 10. Have you spent — or will you be spending — any money for expenses or attorney fees in conjunction with this lawsuit? Ol Yes ONo If yes, how much? $ 11. Provide any other information that will help explain why you cannot pay the costs of these proceedings.

12. Identify the city and state of your legal residence.

Your daytime phone number: Your age: Your years of schooling: