Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 Dantea COOPER, Case No.: 26-cv-3687-RSH-LR 11 Plaintiff, 12 ORDER (1) DENYING PLAINTIFF’S v. APPLICATION TO PROCEED IN 13 DISTRICT COURT WITHOUT 14 PREPAYING FEES OR COSTS AND Ashley ROSS, Deputy, (2) DISMISSING COMPLAINT 15 Defendants. WITHOUT PREJUDICE 16 [ECF Nos. 1, 2] 17 18 19 On June 22, 2026, Plaintiff Dantea Cooper filed a Complaint under 42 U.S.C. 20 § 1983. Plaintiff has failed to pay the $405 civil filing and administrative fee but instead 21 has filed a motion to proceed in forma pauperis (“IFP”) under 28 U.S.C. § 1915(a). ECF 22 No. 2. Having carefully considered Plaintiff’s Complaint, Plaintiff’s IFP Motion, and the 23 applicable law, the Court DENIES Plaintiff’s IFP Motion and DISMISSES WITHOUT 24 PREJUDICE Plaintiff’s Complaint. 25 I. IN FORMA PAUPERIS APPLICATION 26 All parties instituting a civil action, suit, or proceeding in a district court of the 27 United States, other than a petition for writ of habeas corpus, must pay a filing fee of $405, 28 which includes a $350 statutory fee and an additional administrative fee of $55. See 28 1 U.S.C. § 1914(a); Judicial Conference Schedule of Fees, District Court Misc. Fee 2 Schedule, § 14 (eff. Dec. 1, 2023). The additional $55 administrative fee does not apply to 3 persons granted leave to proceed in forma pauperis. Id. An action may proceed despite a 4 party’s failure to pay the filing fee only if the party is granted leave to proceed IFP pursuant 5 to 28 U.S.C. § 1915(a)(1), which provides: 6 [A]ny court of the United States may authorize the commencement, prosecution or defense of any suit, action or 7 proceeding, civil or criminal, or appeal therein, without 8 prepayment of fees or security therefor, by a person who submits an affidavit that includes a statement of all assets such [person] 9 possesses that the person is unable to pay such fees or give 10 security therefor.

11 28 U.S.C. § 1915(a)(1). But § 1915(a)(1) does not itself define what constitutes insufficient 12 assets to warrant IFP status, leaving the determination of indigency to district courts’ 13 discretion. See Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991) (“Section 14 1915 typically requires the reviewing court to exercise its sound discretion in determining 15 whether the affiant has satisfied the statute’s requirement of indigency.”), reversed on other 16 grounds, 506 U.S. 194 (1993). While “[o]ne need not be absolutely destitute to obtain” IFP 17 status, Jefferson v. United States, 277 F.2d 723, 725 (9th Cir. 1960), a person seeking it 18 “must allege poverty ‘with some particularity, definiteness[,] and certainty,’” Escobedo v. 19 Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015). 20 In service of the IFP qualification inquiry, the Administrative Office of the United 21 States Courts provides Form AO 239 (rev. 01/15), titled “Application to Proceed in District 22 Court Without Prepaying Fees or Costs.” Importantly, AO 239 contains the following 23 statement, which must be signed and dated by the person seeking IFP status: 24 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 25 to the relief requested. I declare under penalty of perjury that the 26 information below is true and understand that a false statement may result in a dismissal of my claims. 27 28 1 Form AO 239, at 1. Form AO 239 requires information regarding the individual’s income, 2 employment, assets, debts, accounts receivable, and so forth. Id. at 1-5. Likewise, the Local 3 Rules of this Court direct IFP movants to file “an affidavit that includes a statement of all 4 assets which shows inability to pay initial fees or give security. This affidavit must consist 5 of a declaration in support of request to proceed in forma pauperis.” Civ. L.R. 3.2(a); see 6 also Civ. L.R. 3.2(a)(1)-(7) (listing numerous financial statements that movants must 7 submit in their “declaration . . . under penalty of perjury”); Civ. L.R. 3.2(f) (requiring 8 submission of financial affidavit “at the time the suit . . . is submitted for filing”). 9 Plaintiff, however, has not submitted a sworn Form AO 239 or other comparable 10 instrument. His request is unsworn, stating that he “is an indigent homeless transient with 11 only $.04 in his banking account” and “is so penurious that he had to secure the services 12 of California’s Dept. of Rehabilitation to start his Construction Apprenticeship to become 13 a[n] Ironworker.” ECF No. 2 at 1. The Court therefore does not have sufficient information 14 backed by declaration, oath, or affirmation, from which to evaluate Plaintiff’s ability to 15 pay the requisite filing fee. 16 Accordingly, the Court DENIES Plaintiff’s IFP Application. This denial, however, 17 is WITHOUT PREJUDICE to Plaintiff refiling an IFP application that cures the above- 18 noted deficiencies. 19 II. CONCLUSION 20 Thus, for the reasons explained, the Court: 21 1. DENIES Plaintiff’s Motion to Proceed IFP [ECF No. 2]. 22 2. DISMISSES the civil action without prejudice for failure to prepay the filing 23 fees required by 28 U.S.C. § 1914(a). 24 3. GRANTS Plaintiff forty-five (45) days leave in which to re-open his case be 25 either: (a) pre-paying the full $ 405 civil filing fees required by 28 U.S.C. § 1914(a) in one 26 lump sum; or (b) filing an application to proceed IFP that includes a properly executed AO 27 239. 28 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 within 45 days, 4 ||this civil action will remain dismissed without prejudice based on his failure to comply 5 || with 28 U.S.C. § 1914(a) and without any further Order of the Court.! 6 IT IS SO ORDERED. ¢ [oer 7 Dated: August 28, 2026 [erbee 8 Hon. Robert S. Huie 9 United States District Judge 10 11 12 13 14 15 16 17 18 19 20 21 22 23 ! Plaintiff is cautioned that if he chooses to proceed further by submitting a properly supported Motion to Proceed IFP, his Complaint will be screened before service and may 25 || 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 malicious; (11) fails to state a claim on which relief may be granted; or (111) seeks monetary 27 || relief against a defendant who is immune from such relief.” 28 U.S.C. § 1915(e)(2)(B); see 28 also Calhoun v. Stahl, 254 F.3d 845, 845 (9th Cir. 2001) (“[T]he provisions of 28 U.S.C. § 1915(e)(2)(B) are not limited to prisoners.”).