“An affidavit in support of an 24 IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still 25 afford the necessities of life.”
How later courts described this case
- “An affidavit in support of an 24 IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still 25 afford the necessities of life.”
Written by the judges who cited it.
The opinion
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8 UNITED STATES DISTRICT COURT
9 FOR THE EASTERN DISTRICT OF CALIFORNIA
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11 JIMMY W. BROWN, Case No. 2:25-cv-2918-TLN-JDP (P)
12 Petitioner,
13 v. ORDER
14 JANAN CAVAGNOLO,
15 Respondent.
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17 Petitioner, a state inmate, brings this 28 U.S.C. § 2254 action and concurrently has applied
18 to proceed in forma pauperis, ECF No. 6. I have reviewed his trust fund account statement, and it
19 appears that he has sufficient funds to cover the filing fee. His account statement indicates that he
20 has an available balance of $7,663.98—more than enough to cover the $5 filing fee. Id. Before
21 recommending that petitioner’s application be denied, I will give him an opportunity to respond
22 to this order and to explain why he cannot both pay the filing fee and still afford his necessities.
23 See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An affidavit in support of an
24 IFP application is sufficient where it alleges that the affiant cannot pay the court costs and still
25 afford the necessities of life.”).
26 Accordingly, it is ORDERED that within twenty-one days of this order’s entry petitioner
27 may respond to this order and explain why he should still be allowed to proceed in forma
28 pauperis. If he fails to do so, I will recommend that petitioner’s application be denied, and he be
1 | directed to pay the full filing fee.
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3 IT IS SO ORDERED.
4 ( | {
Dated: _ November 26, 2025 Q_——_.
5 JEREMY D. PETERSON
6 UNITED STATES MAGISTRATE JUDGE
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