United States District Court, W.D. Washington, Tacoma
B. LEIGHTON UNITED STATES DISTRICT JUDGE.
MATTER is before the Court on Plaintiff Hurley's Motion
for leave to proceed in forma pauperis, supported by his
proposed complaint [Dkt. #1] Hurley's complaint is the
form complaint, without any details. Other than the
pre-printed instructions, it is largely blank:
number each claim and write a snort and plain statement of
each claim in a separate paragraph. Attach additional pages
A. Where did the events giving rise to your claim(s) occur?
B. What date and approximate time did the events giving rise
to your claim(s) occur?
C. What are the facts underlying your claim(s) (For example:
What happened to you?
[Dkt. # 1]
district court may permit indigent litigants to proceed
in forma pauperis upon completion of a proper
affidavit of indigency. See 28 U.S.C. §
1915(a). The Court has broad discretion in resolving the
application, but “the privilege of proceeding in
forma pauperis in civil actions for damages should be
sparingly granted.” Weller v. Dickson, 314
F.2d 598, 600 (9th Cir. 1963), cert. denied 375 U.S.
person is eligible to proceed in forma pauperis if
they are unable to pay the costs of filing and still provide
the necessities of life. See Rowland v. Cal. Men's
Colony, Unit II Men's Advisory Council, 506 U.S.
194, 203 (1993) (internal quotations omitted). This generally
includes incarcerated individuals with no assets and persons
who are unemployed and dependent on government assistance.
See, e.g., Ilagan v. McDonald, 2016 U.S. Dist. LEXIS
79889, at *2 (D. Nev. June 16, 2016) (granting petition based
on unemployment and zero income); Reed v. Martinez,
2015 U.S. Dist. LEXIS 80629, at *1, 2015 WL 3821514 (D. Nev.
June 19, 2015) (granting petition for incarcerated individual
on condition that applicant provides monthly payments towards
filing fee). It does not include those whose access to the
court system is not blocked by their financial constraints,
but rather are in a position of having to weigh the financial
constraints pursuing a case imposes. See Sears, Roebuck
& Co. v. Charles W. Sears Real Estate, Inc., 686
F.Supp. 385, 388 (N.D. N.Y.), aff'd, 865 F.2d 22 (2d Cir.
1988) (denying petition to proceed IFP because petitioner and
his wife had a combined annual income of between $34, 000 and
a court should “deny leave to proceed in forma
pauperis at the outset if it appears from the face of
the proposed complaint that the action is frivolous or
without merit.” Tripati v. First Nat'l Bank
& Trust, 821 F.2d 1368, 1369 (9th Cir. 1987)
(citations omitted); see also 28 U.S.C. §
1915(e)(2)(B)(i). An in forma pauperis complaint is
frivolous if “it ha[s] no arguable substance in law or
fact.” Id. (citing Rizzo v. Dawson,
778 F.2d 527, 529 (9th Cir. 1985); see also Franklin v.
Murphy, 745 F.2d 1221, 1228 (9th Cir. 1984).
pro se Plaintiff's complaint is to be construed
liberally, but like any other complaint it must nevertheless
contain factual assertions sufficient to support a facially
plausible claim for relief. Ashcroft v. Iqbal, 556
U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citing
Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 570,
127 S.Ct. 1955, 167 L.Ed.2d 929 (2007)). A claim for relief
is facially plausible when “the plaintiff pleads
factual content that allows the court to draw the reasonable
inference that the defendant is liable for the misconduct
alleged.” Iqbal, 556 U.S. at 678.
the Court will permit pro se litigants an opportunity to
amend their complaint in order to state a plausible claim.
See United States v. Corinthian Colleges, 655 F.3d
984, 995 (9th Cir. 2011) (“Dismissal without leave to
amend is improper unless it is clear, upon de novo review,
that the complaint could not be saved by any
complaint does not approach this standard. He has not
identified a defendant or described in any way what he
defendant did to him that is actionable in this court, much
less set forth the “who what when where how and
why” of a plausible claim. Who is the defendant? What
happened? When? Why is that actionable in this court? What do
you want the court to do? Why are you entitled to that? The
existing complaint answers none of these questions, and even
if it was filed and served, no defendant could reasonably
respond to it.
Motion to proceed in forma pauperis (and the
attached motion for a ...