Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 DANTEA COOPER, Case No.: 3:26-cv-03677-RBM-AHG 11 Plaintiff, 12 ORDER: v. (1) DENYING PLAINTIFF’S 13 APPLICATION TO PROCEED 14 IN DISTRICT COURT JOHN/JANE DOE, Correctional Officer, WITHOUT PREPAYING 15 Defendant. FEES OR COSTS AND 16 (2) DISMISSING COMPLAINT 17 WITHOUT PREJUDICE 18 [Doc. 2] 19 20 21 22 On June 17, 2026, Plaintiff Dantea Cooper, a former state prisoner proceeding 23 without counsel, filed a Complaint under 42 U.S.C. § 1983. Plaintiff has failed to pay the 24 $405 civil filing and administrative fee but instead has filed a motion to proceed in forma 25 pauperis (“IFP”) under 28 U.S.C. § 1915(a). (Doc. 2.) Having carefully considered 26 Plaintiff’s Complaint, Plaintiff’s IFP Motion, and the applicable law, the Court DENIES 27 Plaintiff’s IFP Motion and DISMISSES WITHOUT PREJUDICE Plaintiff’s Complaint. 28 /// 1 I. IN FORMA PAUPERIS APPLICATION 2 All parties instituting a civil action, suit, or proceeding in a district court of the 3 United States, other than a petition for writ of habeas corpus, must pay a filing fee of $405, 4 which includes a $350 statutory fee and an additional administrative fee of $55. See 28 5 U.S.C. § 1914(a); Judicial Conference Schedule of Fees, District Court Misc. Fee 6 Schedule, § 14 (eff. Dec. 1, 2023). The additional $55 administrative fee does not apply 7 to persons granted leave to proceed in forma pauperis. Id. An action may proceed despite 8 a party’s failure to pay the filing fee only if the party is granted leave to proceed IFP 9 pursuant to 28 U.S.C. § 1915(a)(1), which provides: 10 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or 11 proceeding, civil or criminal, or appeal therein, without 12 prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] 13 possesses that the person is unable to pay such fees or give 14 security therefor.

15 28 U.S.C. § 1915(a)(1). But § 1915(a)(1) does not itself define what constitutes insufficient 16 assets to warrant IFP status, leaving the determination of indigency to district courts’ 17 discretion. See Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (“Section 18 1915 typically requires the reviewing court to exercise its sound discretion in determining 19 whether the affiant has satisfied the statute’s requirement of indigency.”), reversed on other 20 grounds, 506 U.S. 194 (1993). While “[o]ne need not be absolutely destitute to obtain” 21 IFP status, Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960), a person seeking 22 it “must allege poverty ‘with some particularity, definiteness[,] and certainty,’” Escobedo 23 v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (quoting United States v. McQuade, 647 24 F.2d 938, 940 (9th Cir. 1981)). 25 The Administrative Office of the United States Courts provides Form AO 239 (rev. 26 01/15), titled “Application to Proceed in District Court Without Prepaying Fees or Costs.” 27 Importantly, AO 239 contains the following statement, which must be signed and dated by 28 the person seeking IFP status: 1 I am a plaintiff or petitioner in this case and declare that I am unable to pay the costs of these proceedings and that I am entitled 2 to the relief requested. I declare under penalty of perjury that the 3 information below is true and understand that a false statement may result in a dismissal of my claims. 4 5 Form AO 239, at 1. Form AO 239 requires information regarding the individual’s income, 6 employment, assets, debts, accounts receivable, and so forth. Id. at 1–5. Likewise, the 7 Local Rules of this Court direct IFP movants to file “an affidavit that includes a statement 8 of all assets which shows inability to pay initial fees or give security. This affidavit must 9 consist of a declaration in support of request to proceed in forma pauperis.” CivLR 3.2(a); 10 see also CivLR 3.2(a)(1)–(7) (listing numerous items that must be addressed in a movant’s 11 “declaration . . . under penalty of perjury”); Civ.LR 3.2(f) (requiring submission of 12 financial affidavit “at the time the suit . . . is submitted for filing”). 13 Plaintiff, however, has not submitted a sworn Form AO 239 or other comparable 14 instrument. His request is unsworn, stating only that he is “an unemployed indigent 15 homeless man.” (Doc. 2 at 1.) The Court therefore does not have sufficient information, 16 supported by the required declaration, from which to evaluate Plaintiff’s ability to pay the 17 requisite filing fee. 18 Accordingly, the Court DENIES Plaintiff’s IFP Application. This denial, however, 19 is WITHOUT PREJUDICE to Plaintiff refiling an IFP application that cures the above- 20 noted deficiencies. 21 II. CONCLUSION 22 Thus, for the reasons explained above, the Court: 23 1. DENIES Plaintiff’s Motion to Proceed IFP [Doc. No. 2]. 24 2. DISMISSES this civil action without prejudice for failure to prepay the filing 25 fees required by 28 U.S.C. § 1914(a). 26 3. GRANTS Plaintiff until August 28, 2026 to either: (a) pre-paying the full 27 $ 405 civil filing fee required by 28 U.S.C. § 1914(a) in one lump sum; or (b) file an 28 application to proceed IFP that includes a properly completed AO 239. 1 4. DIRECTS the Clerk of Court to provide Plaintiff with a blank AO 239 (Rev. 2 ||01/15). If Plaintiff fails to comply with this Order by either paying the full $405 civil filing 3 || fee in one lump sum or by submitting a complete AO 239 IFP application by August 28, 4 ||2026, this civil action will remain dismissed without prejudice based on his failure to 5 ||}comply with 28 U.S.C. § 1914(a) and without any further Order of the Court.! 6 IT IS SO ORDERED. 7 Dated: July 13, 2026 FR a ? l > 8 HON. RUTH BERMUDEZ MONTENEGRO 9 UNITED STATES DISTRICT JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 || ——___ ' Plaintiff is cautioned that if he chooses to proceed further by submitting a properly 24 || supported Motion to Proceed IFP, his Complaint will be screened before service and may 75 || be dismissed sua sponte. 28 U.S.C. § 1915(e)(2)(B). Under 28 U.S.C. § 1915(e)(2), the Court must dismiss a case if the court determines that the action: “(i) is frivolous or 26 || malicious; (ii) fails to state a claim on which relief may be granted; or (iii) seeks monetary 97 relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (“[T]he provisions of 28 U.S.C. 28 || § 1915(e)(2)(B) are not limited to prisoners.”). AYI.9NL Ax, NIOLTI7T DDOAA