UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA
September 29, 2011
MEL M. MARIN, PERSONALLY AND AS HEIR OF THE ESTATE OF MILIVOJ AND EVA MARINKOVIC;
ESCONDIDO CARE CENTER, ET AL.,
The opinion of the court was delivered by: Hon. Anthony J. BattagliaU.S. District Judge
ORDER DENYING IN FORMA PAUPERIS STATUS
On July 21, 2011, Mel M. Marin, a non-prisoner proceeding pro se, filed a Motion to Proceed in forma pauperis [Doc. No. 2] of case number 3:11-cv-01610-AJB-JMA to this Court. Plaintiff submitted a declaration in support of a request to proceed in forma pauperis in accordance with 28 U.S.C. § 1915(a)(1) and Local Rule 3.2(a).
The Court finds that the Plaintiff's declaration of inability to pay costs or give security is insufficient to permit Plaintiff to proceed in forma pauperis. Permission to file a petition for writ of mandamus in forma pauperis will not be granted unless there is some merit in the petition. 28 U.S.C.A. § 1915. "To proceed in forma pauperis is a privilege not a right." Smart v. Heinze, 347 F.2d 114, 116 (9th Cir.1965). One need not be absolutely destitute to obtain benefits of statute dealing with proceed-in forma pauperis in federal courts. Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948). The motion, however, must state facts as to affiant's poverty with some particularity, definiteness and certainty. Jefferson v. U.S., 277 F. 2d 723 (9th Cir. 1960).
The Plaintiff's motion to proceed in forma pauperis lacks merit because:
* Plaintiff has noted receiving "Social Security, disability or other welfare" but has failed to describe the source, the amount received, and what the Plaintiff expects to continue receiving each month.
* Plaintiff has noted receiving "Gifts or inheritances" but has failed to describe the source, the amount received, and what the Plaintiff expects to continue receiving each month.
* Plaintiff's debts are only described as "plenty of debts."
* Plaintiff has failed to note any housing, transportation, utilities, or loan payments, or other regular monthly expenses.
It is under the Court's discretion to grant or deny permission to proceed in forma pauperis based on the Plaintiff's claim. 28 U.S.C. § 1915(e)(2). Without further evidence, the Court lacks specific facts to find that the Plaintiff is not able to pay the filing fee under 28 U.S.C. § 1914(a). It is advised that the Plaintiff submit a current revision of the short form "Application To Proceed In District Court Without Prepaying Fees or Costs" available on the United States Courts website.*fn1
In light of this information, IT IS HEREBY ORDERED that the Plaintiff's Motion to Proceed in forma pauperis is DENIED and the Complaint is DISMISSED without prejudice. Pursuant to this Order, however, Plaintiff is granted 30 days leave to pay the $350 filing fee required to maintain this action pursuant to 28 U.S.C. § 1914, or to submit additional documentation regarding the Plaintiff's economic status. IF PLAINTIFF CHOOSES TO FILE ADDITIONAL INFORMATION REGARDING HIS POVERTY, HE MUST ATTACH A COPY OF THIS ORDER.
IT IS SO ORDERED.