Automated Summary
Key Facts
Pro se plaintiff Christa Casillas filed an Application to Proceed In Forma Pauperis (IFP) and a Motion for Pro Se Litigant to File Electronically with the United States District Court for the District of Nevada. The Court denied both applications without prejudice. The plaintiff's IFP application was found incomplete due to her high income and failure to provide adequate explanations regarding assets, income, and expenses. She stated receiving $2,416 in wages in the last twelve months, $600 per week take-home, plus additional income from teaching ($42,600) and a non-profit ($1,800), but left the asset question blank without explanation. The Court ordered plaintiff to submit the long form IFP application with detailed explanations by January 19, 2026, or pay the full filing fee. Failure to comply may result in dismissal with prejudice.
Issues
- The court denied the plaintiff's application to proceed in forma pauperis because the plaintiff's IFP application was incomplete. The plaintiff filed the short form application but failed to provide adequate verification of her financial status, including incomplete asset information (left blank), unexplained income sources (teaching income and non-profit income not detailed), and failure to list specific vehicles or real estate despite claiming certain expenses. The court requires the plaintiff to submit the long form application with detailed and unequivocal explanations about income and expenses.
- The court denied the plaintiff's motion for pro se litigant to file electronically without prejudice. Under Local Rule IC 2-1(b), a pro se litigant may request authorization to register as a filer in a specific case. Since the Court denies plaintiff's IFP application and has not yet screened the complaint, the Court denies plaintiff's request to file electronically. Plaintiff may renew her request to file electronically if her case survives screening.
Holdings
The Court denies plaintiff's Application to Proceed In Forma Pauperis and Motion for Pro Se Litigant to File Electronically without prejudice. Plaintiff must submit a long form IFP application with detailed explanations of income and expenses, or pay the full filing fee by January 19, 2026. Failure to comply may result in dismissal with prejudice.
Remedies
The Court orders plaintiff to either (1) file the long form application to proceed in forma pauperis as specified in the Court's order or (2) plaintiff must pay the full fee for filing a civil action by January 19, 2026. Failure to timely comply with this Order may result in a recommendation that this case be dismissed with prejudice.
Legal Principles
- Federal Rule of Civil Procedure 5(d)(3)(B) allows pro se litigants to file and sign documents electronically if authorized by court order or local rule. Under Local Rule IC 2-1(b), a pro se litigant may request the Court's authorization to register as a filer in a specific case.
- Under 28 U.S.C. § 1915(a)(1), a plaintiff may bring a civil action without prepayment of fees or security if they submit a financial affidavit demonstrating inability to pay fees and provide necessities of life. The applicant must state facts regarding poverty with particularity, definiteness, and certainty, including a complete statement of personal assets. Misrepresentation of assets is grounds for denial. Courts may deny IFP if the applicant fails to verify poverty adequately.
Precedent Name
- Thomas v. Arn
- Martinez v. Ylst
- Escobedo v. Applebees
- Kennedy v. Huibregtse
- Harper v. San Diego City Admin. Bldg.
- Britt v. Simi Valley United Sch. Dist.
- Adkins v. E.I. DuPont de Nemours & Co.
- Marin v. Hahn
- United States v. McQuade
Cited Statute
- Federal Rule of Civil Procedure 5(d)(3)(B)
- Title 28 of the United States Code Section 1915(a)(1)
Judge Name
Hon. Maximiliano D. Couvillier III
Passage Text
- The District of Nevada has adopted three types of IFP applications: a Prisoner Form for incarcerated persons and a Short Form and Long Form for non-incarcerated persons. The Long Form requires more detailed information than the Short Form. The court typically does not order an applicant to submit the Long Form unless the Short Form is inadequate, or it appears that the plaintiff is concealing information about his income.
- By January 19, 2026, plaintiff shall either (1) file the long form application to proceed in forma pauperis as specified in the Court's order or (2) plaintiff must pay the full fee for filing a civil action.
- Given the plaintiff's high income, and her lack of an explanation regarding her assets the Court finds that her IFP application is incomplete. The Court cannot determine if plaintiff qualifies for IFP status. The Court will allow plaintiff another opportunity to show that she qualifies for IFP status.