Opinion
CV-22-00064-TUC-RM
02-23-2022
Francis Saitta, Plaintiff, v. State of Arizona, et al., Defendants.
ORDER
Honorable Rosemary Marquez, United States District Judge
On February 9, 2022, Plaintiff Francis Saitta filed a pro se Complaint (Doc. 1) and an Application for Leave to Proceed In Forma Pauperis (“Application”) (Doc. 2). Plaintiff's Application indicates that Plaintiff's monthly income exceeds his monthly expenses by nearly $600 per month, he has no dependents, and he has nearly $60,000 in checking accounts. (Doc. 2.)
The Court may authorize the commencement of any lawsuit “without prepayment of fees or security therefor, ” if the plaintiff submits an affidavit, including a statement of all assets the plaintiff possesses, showing that the plaintiff “is unable to pay such fees or give security therefor.” 28 U.S.C. § 1915(a)(1). The privilege of proceeding in forma pauperis should be granted if the plaintiff “cannot because of his poverty pay or give security for the costs . . . and still be able to provide himself and dependents with the necessities of life.” Rowland v. Cal. Men's Colony, Unit II Men's Advisory Council, 506 U.S. 194, 203 (1993) (internal quotation marks omitted).
Here, Plaintiff's Application indicates that Plaintiff is able to pay the filing fees and costs while still providing himself with the necessities of life. His income exceeds his expenses, and he has significant funds in checking accounts.
Accordingly, IT IS ORDERED that Plaintiffs Application to Proceed in Forma Pauperis (Doc. 2) is denied. If Plaintiff wishes to proceed with this lawsuit, he must pay the filing and administrative fees within thirty (30) days. If Plaintiff fails to pay the fees within thirty days, the Clerk of Court is directed to dismiss this case.