Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 IN RE: DESHOTELS Case No.: 26cv4226-LL-GC 12 Debtor. ORDER DENYING MOTION TO 13 __________________________________ PROCEED IN FORMA PAUPERIS 14 [ECF No. 2] 15 DONALD BARTON DESHOTELS JR., 16 Debtor-Appellant, 17 v. 18 MICHAEL KOCH, 19 Creditor-Appellee. 20 21 Before the Court is Debtor-Appellant Donald Barton Deshotels Jr.’s motion for leave 22 to proceed in forma pauperis (“IFP”). ECF No. 2. On July 23, 2026, Appellant, proceeding 23 pro se, initiated his bankruptcy appeal [ECF No. 1] and filed the instant motion. 24 A plaintiff may commence an action without paying the filing fees where he submits 25 an affidavit stating that he lacks sufficient funds. 28 U.S.C. § 1915(a). “An affidavit in 26 support of an IFP application is sufficient where it alleges that an affiant cannot pay the 27 court costs and still afford the necessities of life.” Escobedo v. Applebees, 787 F.3d 1126, 28 1234 (9th Cir. 2015) (internal citation omitted). Nevertheless, a plaintiff seeking IFP status 1 must allege poverty “with some particularity, definiteness and certainty.” United States v. 2 McQuade, 647 F.2d 938, 940 (9th Cir. 1981). While the IFP statute does not itself define 3 what constitute insufficient assets, “[o]ne need not be absolutely destitute” to proceed IFP. 4 Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960). 5 The Southern District of California’s Local Civil Rule 3.2 requires the affidavit to 6 contain: 7 1. A statement as to current employment including the amount of wages or salary per month and the name and address of the current employer. 8 9 2. A statement, if not currently employed, as to the date of last employment and the amount of wages or salary per month which was received. 10 11 3. A statement as to any money received within the past twelve months from any of the following sources1: 12 a. Business, profession, or self-employment; 13 b. Rent payments, interest, or dividends; c. Pensions, annuities, or life insurance payments; 14 d. Gifts or inheritances; 15 e. Any other source.

16 4. A statement as to any cash in possession and as to any money in a financial 17 institution, including checking, savings, and any other accounts. The statement must include any money available to the declarant. 18 19 5. A statement as to any real estate, stocks, bonds, notes, automobiles, investments, or other valuable property (excluding ordinary household 20 furnishings and clothing). The statement must describe the property and 21 state its approximate value.

22 6. A statement as to all persons who depend upon the declarant for support. 23 The statement must include the relationship of the dependents and the amount contributed toward their support. 24 25 26 27 1 The statement must include a description of each source of money and the amount of 28 1 7. A statement that, because of poverty, there is an inability to pay the initial costs of the proceeding or give security therefore, and the declarant’s belief that the declarant is entitled to relief. The rule further states that the declaration must be executed under penalty of perjury. See 5 CivLR 3.2(a). 6 Here, Appellant states that his “primary income consists of Social Security benefits.” 7 ECF No. 2 at 1. However, he has not provided any information regarding any assets, g additional income, and expenses as required by Local Civil Rule 3.2. Accordingly, the 9 Court DENIES Appellant’s motion to proceed IFP. 10 If Appellant still wishes to proceed IFP, he is instructed to file a new IFP motion 1 along with a completed AO 239 form, which the Court uses to assess whether a party is eligible to proceed IFP. Attached hereto is a copy of Form AO 239 (“Application to B Proceed in District Court Without Prepaying Fees or Costs (Long Form)’’). Within twenty- 14 (21) days of the date of this Order, Appellant must either (1) file a renewed IFP 15 motion along with a completed AO 239 form or (2) pay the civil filing fee. Should 16 Appellant fail to timely pay the filing fee or move to proceed IFP, the Court will dismiss 7 this action without prejudice. 18 IT IS SO ORDERED. 19 Dated: August 27, 2025 NO Honorable Linda Lopez 21 United States District Judge 22 23 24 25 26 27 28