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Gantt v. Bilcich

United States District Court, District of Hawaii
Mar 11, 2024
24-cv-00111-DKW-KJM (D. Haw. Mar. 11, 2024)

Opinion

24-cv-00111-DKW-KJM

03-11-2024

PAUL GANTT, et al. Plaintiffs, v. ERIC BILCICH, et al., Defendants.


ORDER DENYING APPLICATION TO PROCEED IN DISTRICT COURT WITHOUT PREPAYMENT OF FEES OR COSTS

Pursuant to Local Rule 7.1(d), the Court elects to decide this matter without a hearing.

Derrick K. Watson Chief United States District Judge

On March 8, 2024, Plaintiffs Paul and Edna Gantt filed a Complaint against Defendants Eric and Mrs. Bilcich, alleging that Defendants wrongfully foreclosed upon and evicted them from their Kaua‘i property, seizing their belongings in the process. Dkt. No. 1. Simultaneously, Plaintiffs also filed an application to proceed in forma pauperis (“IFP Application”). Dkt. No. 3.

Pursuant to 28 U.S.C. § 1915(a)(1), federal courts may authorize the commencement of suit without prepayment of fees or securities by persons who submit an affidavit demonstrating the inability to pay. Although Section 1915(a) does not require IFP applicants to demonstrate absolute destitution, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339 (1948), they must nevertheless “allege poverty with some particularity, definiteness, and certainty.” Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (quotation marks and citations omitted). The affidavit is sufficient where it alleges that the applicants “cannot pay the court costs and still afford the necessities of life.” Id. (citing Adkins, 335 U.S. at 339); see 28 U.S.C. § 1915(a)(1).

Here, Plaintiffs' IFP Application states only that they receive disability or worker's compensation payments. See Dkt. No. 3 at 1. They have not, however, provided the amount of those payments, nor have they answered any other question on the form. See id. at 1-2. In light of these deficiencies, the Court cannot properly assess whether Plaintiffs are capable of paying the filing fee or offering security for this case. Their IFP Application, Dkt. No. 3, is therefore DENIED WITHOUT PREJUDICE.

Should Plaintiffs wish to proceed in this action, they must either pay the civil filing fee or file a new complete IFP Application by March 25, 2024. Should Plaintiffs choose to complete a new IFP Application, they must fully answer all questions, including by specifying the amount of their disability/worker's compensation payments, noting any money they may have in cash or in a checking/savings account, listing their items of value, and providing any recurring monthly expenses, contributions towards dependents, and debts or financial obligations. The Court cautions Plaintiffs that failure to file a complete application to proceed in forma pauperis or to pay the civil filing fee by March 25, 2024 may result in dismissal without further consideration of the merits of this case and without further notice.

The Clerk of Court is DIRECTED to mail Plaintiffs a blank Application to Proceed in District Court without Prepaying Fees or Costs (AO 240).

IT IS SO ORDERED.


Summaries of

Gantt v. Bilcich

United States District Court, District of Hawaii
Mar 11, 2024
24-cv-00111-DKW-KJM (D. Haw. Mar. 11, 2024)
Case details for

Gantt v. Bilcich

Case Details

Full title:PAUL GANTT, et al. Plaintiffs, v. ERIC BILCICH, et al., Defendants.

Court:United States District Court, District of Hawaii

Date published: Mar 11, 2024

Citations

24-cv-00111-DKW-KJM (D. Haw. Mar. 11, 2024)