United States District Court, S.D. California
ORDER GRANTING PLAINTIFF'S APPLICATION TO PROCEED
IN FORMA PAUPERIS [DKT. NO. 2.]
Gonzalo P. Curiel United States District Judge.
Constantine Gus Cristo (“Plaintiff”) filed a
complaint for declaratory and injunctive relief challenging
the constitutionality of the Securities and Exchange
Commission's arbitration proceedings. (Dkt. No. 1.)
Accompanying the complaint is Plaintiff's application to
proceed in forma pauperis. (Dkt. No. 2.)
parties instituting any civil action, suit, or proceeding in
a district court of the United States, except an application
for writ of habeas corpus, must pay a filing fee of $400.
See 28 U.S.C. § 1914(a). An action may
proceed despite a plaintiff's failure to prepay the
entire fee only if he is granted leave to proceed IFP
pursuant to § 1915(a). See Andrews v.
Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007);
Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir.
1999). The plaintiff must submit an affidavit demonstrating
his inability to pay the filing fee, and the affidavit must
include a complete statement of the plaintiff's assets.
28 U.S.C. § 1915(a)(1).
reports retirement income of $897.00/month, gifts of
$100/month and has $500 in his bank account. (Dkt. No. 2.)
However, he also has $1, 046.02 in monthly living expenses.
(Id. at 4-5.) Plaintiff further claims he has no
real property, vehicles or other assets. (Id. at
2-3.) Therefore, based on his declaration indicating no
surplus income, the Court GRANTS his application to proceed
IFP. Accordingly, IT IS HEREBY ORDERED that, 1. The Clerk of
Court is DIRECTED to issue a summons with respect to
Plaintiff's Complaint, [Dkt. No. 1], upon Defendants. The
Clerk should then provide Plaintiff with the summons. When
sending the summons to Plaintiff, the Clerk of Court should
include with the summons: (a) one new blank U.S. Marshal Form
285 for Defendants; (b) a letter instructing Plaintiff on how
to complete this Form 285; (c) a certified copy of the Order
granting Plaintiff's motion to proceed in forma pauperis;
and (d) a certified copy of the Complaint, Dkt. No. 1.
Together, the summons and additional documents are
Plaintiff's “IFP Package.”
Plaintiff is DIRECTED to complete the following actions to
aid the U.S. Marshal in serving his Complaint:
a. First, upon receiving the IFP Package, Plaintiff must
complete the IFP package, including the U.S. Marshal Form
285, as accurately as possible.
b. Second, Plaintiff must return the completed IFP package
and Form 285 to the U.S. Marshal according to the
instructions provided by the Clerk's letter.
c. Third, Plaintiff must include on the Form 285 an address
where the U.S. Marshal can serve Defendants. See
S.D. Cal. CivLR 4.1.c.
Plaintiff is FURTHER DIRECTED to complete the following
actions for all of his future filings in this case:
a. Plaintiff must serve upon Defendants and their attorneys,
if Defendants obtain an attorney, a copy of every pleading or
document that Plaintiff files with the Court in this case.
b. For every future filing with the Court in his case,
Plaintiff must include a certificate of service which states:
i. How he served a true and correct copy of that filing on
ii. The date when Defendants were served.
c. Any paper received by the Court which has not been
properly filed with the Clerk, or which fails to include a