Opinion

1 2 3 4 5 6 UNITED STATES DISTRICT COURT 7 SOUTHERN DISTRICT OF CALIFORNIA 8 Case No.: 26-cv-01048-DMS-MMP 9 COLBY PARRY, 10 Plaintiff, ORDER DENYING PLAINTIFF’S 11 v. MOTION TO PROCEED IN FORMA PAUPERIS EXPERIAN INFORMATION 12 SOLUTIONS, INC. et al., 13 14 Defendants. 15 16 17 On February 19, 2026, Plaintiff Colby Parry, proceeding pro se, filed this action 18 against Defendants Experian Information Solutions, Inc. and Trans Union LLC, alleging 19 violations of the Fair Credit Reporting Act. (ECF No. 1 at 1); 15 U.S.C. §§ 1681–1681x. 20 Plaintiff concurrently filed a Motion to Proceed In Forma Pauperis, which is currently 21 pending before the Court. (Mot., ECF No. 2). For the following reasons, the Court denies 22 Plaintiff’s Motion and dismisses the action without prejudice. 23 I. MOTION TO PROCEED IN FORMA PAUPERIS 24 Parties instituting a civil action in a United States district court must pay a filing fee 25 26 27 28 1 of $405. 28 U.S.C. § 1914(a)–(b). However, a court may authorize a party to proceed in 2 forma pauperis (“IFP”) without the prepayment of fees if the party submits an affidavit 3 demonstrating their inability to pay. § 1915(a)(1); see CivLR 3.2(a) (listing specific 4 requirements for the affidavit). Although a party need not be “absolutely destitute” to 5 proceed IFP, they must “allege poverty with some particularity, definiteness and certainty” 6 such that they could not “pay the court costs and still afford the necessities of life.” 7 Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (citation modified). 8 Plaintiff’s IFP Motion consists of an Application to Proceed in District Court 9 Without Prepaying Fees or Costs (Form AO 239). (Mot. 1). Plaintiff reports that he 10 receives $6,218 per month from disability and the VA GI Bill. (Id. at 2).2 Plaintiff states 11 that he has $3,000 in a checking account, but no other assets. (Id. at 2–3). Plaintiff itemizes 12 monthly expenses totaling $4,070, but does not report any other debts or installment 13 payments. (Id. at 4–5). Plaintiff states that monthly living expenses substantially limit 14 available funds and payment of the filing fee “would impair Plaintiff’s ability to meet basic 15 living expenses.” (Id. at 5). However, Plaintiff’s own figures demonstrate that his monthly 16 income exceeds his monthly expenses by more than $2,100, which is over five times the 17 $405 filing fee. On this record, Plaintiff has not alleged poverty with the requisite 18 “particularity, definiteness and certainty” to show he “cannot pay the court costs and still 19 afford the necessities of life.” Escobedo, 787 F.3d at 1234. Accordingly, Plaintiff’s 20 Motion is denied. 21 II. CONCLUSION AND ORDER 22 For the foregoing reasons, Plaintiff’s Motion to Proceed In Forma Pauperis is 23 DENIED. Accordingly, this action is DISMISSED without prejudice. Within thirty days 24 25 26 1 The $405 fee consists of a $350 filing fee mandated by § 1914(a) and a $55 administrative fee prescribed by the Judicial Conference of the United States pursuant to § 1914(b). See Judicial Conference Schedule 27 of Fees, District Court Misc. Fee Schedule, § 14 (eff. Dec. 1, 2023). However, the filing fee for an application for a writ of habeas corpus is $5. § 1914(a). 28 | |}of the issuance of this Order, Plaintiff may file a renewed motion with additional 2 ||information about his economic status or pay the $405 filing fee. If Plaintiff does neither, 3 || the Clerk of Court is instructed to close this case. 4 IT IS SO ORDERED. 5 || Dated: August 21, 2026 2» J J \ 6 rn Yn « 7 Hon. Dana M. Sabraw g United States District Judge 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28