Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 Case No.: 26-cv-01145-DMS-BJW 9 TYLER GAMBLE COVARRUBIAS, 10 Plaintiff, ORDER DENYING PLAINTIFF’S 11 v. MOTION TO PROCEED IN FORMA PAUPERIS LOCKHEED MARTIN, 12 13 Defendant. 14 15 16 17 On February 23, 2026, Plaintiff Tyler Gamble Covarrubias, proceeding pro se, filed 18 this action against Defendant Lockheed Martin, alleging “Trade Secrets.” (ECF No. 1). 19 Plaintiff concurrently filed a Motion to Proceed In Forma Pauperis (“Motion”), which is 20 currently pending before the Court. (Mot., ECF No. 2). For the following reasons, the 21 Court denies Plaintiff’s Motion and dismisses the action without prejudice. 22 I. MOTION TO PROCEED IN FORMA PAUPERIS 23 Parties instituting a civil action in a United States district court must pay a filing fee 24 of $405. 28 U.S.C. § 1914(a)–(b).1 However, a court may authorize a party to proceed in 25 26 1 The $405 fee consists of a $350 filing fee mandated by § 1914(a) and a $55 administrative fee prescribed 27 by the Judicial Conference of the United States pursuant to § 1914(b). See Judicial Conference Schedule of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2023). However, the filing fee for an 28 1 || forma pauperis (“IFP”) without the prepayment of fees if the party submits an affidavit 2 ||demonstrating their inability to pay. § 1915(a)(1); see CivLR 3.2(a) (listing specific 3 ||requirements for the affidavit). Although a party need not be “absolutely destitute” to 4 || proceed JFP, they must “allege poverty with some particularity, definiteness and certainty” 5 ||such that they could not “pay the court costs and still afford the necessities of life.” 6 || Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citation modified). 7 Plaintiff's Motion consists of an Application to Proceed in District Court Without 8 ||Prepaying Fees or Costs (Form AO 239). (Mot. 1). The form instructs the affiant to 9 || “[c]omplete all questions” and not to “leave any blanks: if the answer to a question is ‘0,’ 10 || ‘none,’ or ‘not applicable (N/A),’ write that response.” (/d.). Plaintiff has left the answers 11 entirely blank. (/d. at 1-5). These answers are required pursuant to the Local Rules and 12 || their absence leaves the Court unable to properly assess Plaintiffs inability to pay fees. 13 || See CivLR 3.2(a) (listing required information including the answers to questions Plaintiff 14 || left blank). 15 II. CONCLUSION AND ORDER 16 For the foregoing reasons, Plaintiff's Motion to Proceed Jn Forma Pauperis 1s 17 || DENIED. Accordingly, this action is DISMISSED without prejudice. Within thirty days 18 || of the issuance of this Order, Plaintiff may file a renewed motion or pay the $405 filing 19 If Plaintiff does neither, the Clerk of Court is instructed to close this case. 20 IT IS SO ORDERED. 21 || Dated: July 20, 2026 2» 22 rn Yn « 23 Hon. Dana M. Sabraw A United States District Judge 25 26 27 28