Carrera-Garcia v. Kelly et al, No. 1:2017cv00225 - Document 8 (D. Idaho 2017)

Court Description: MEMORANDUM DECISION AND ORDER - IT IS ORDERED: 1. Plaintiffs Motion to Proceed In Forma Pauperis (Dkt. 3 ) is GRANTED. 2. Petitioner shall be allowed to proceed without the payment of the filing fee. Signed by Judge David C. Nye. (caused to be mailed to non Registered Participants at the addresses listed on the Notice of Electronic Filing (NEF) by (cjs)
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Carrera-Garcia v. Kelly et al Doc. 8 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF IDAHO Gustavo CARRERA-GARCIA Plaintiff, v. Case No. 1:17-cv-00225-DCN MEMORANDUM DECISION AND ORDER JOHN F. KELLY, SECRETARY OF THE DEPARTMENT OF HOMELAND SECURITY (DHS); THOMAS D. HOMAN, DIRECTOR OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT (ICE) AND ITS OFFICE OF ENFORCEMENT AND REMOAL OPERATIONS (ERO); LAURA MCNEER, ICE/ERO DIRECTOR, SALT LAKE CITY FIELD OFFICE; KIERAN DONAHUE, SHERIFF OF CANYON COUNTY; CANYON COUNTY in their official capacities, Defendants. The Court has before it Plaintiff Gustavo Carrera-Garcia’s in forma pauperis request (dkt. 3) filed on May 30, 2017. For the reasons set forth below the court GRANTS the Motion. In order to qualify for in forma pauperis (“IFP”) status, a Plaintiff must submit an affidavit that includes a statement of all assets he possesses and that he is unable to pay the fee required. MEMORANDUM DECISION AND ORDER - 1 The affidavit is sufficient if it states that the plaintiff, because of his poverty, cannot “pay or give security for the costs” and still be able to provide for himself and his dependents “with necessities of life.” Adkins v. E.I. DuPont de Numours & Co., 335 U.S. 331, 339 (1948). The affidavit must “state the facts as to affiant's poverty with some particularity, definiteness and certainty.” United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 1981) (internal quotation omitted). Here, Carrera-Garcia has stated under penalty of perjury that he “cannot prepay the filing fee in [his] case” as required by 28 U.S.C. § 1915(a)(1). Dkt. 3, at 5. Carrera-Garcia’s application indicates that he has limited monthly income, virtually no money in the bank, and little to no assets. Id. at 2-4. Carrera-Garcia is the sole bread winner for himself, his spouse, and his two minor children. The Court finds that Carrera-Garcia’s application sufficiently establishes his indigence and inability to pay. Accordingly, the Petitioner may proceed without the prepayment of filing fees or costs. ORDER IT IS ORDERED: 1. Plaintiff’s Motion to Proceed In Forma Pauperis (Dkt. 3) is GRANTED. 2. Petitioner shall be allowed to proceed without the payment of the filing fee. DATED: September 20, 2017 _________________________ Honorable David C. Nye United States District Court MEMORANDUM DECISION AND ORDER - 2