Chavez v. askusda@usda.gov
2:25-cv-00288
| S.D. Ohio | Jul 14, 2025Background
- Juan Pablo Chavez is the plaintiff in a civil case before the United States District Court for the Southern District of Ohio.
- Chavez filed an application to proceed in forma pauperis (IFP), seeking to avoid the $405 filing fee due to alleged financial inability.
- The Magistrate Judge, Elizabeth P. Deavers, found Chavez’s application almost illegible and lacking sufficient financial information.
- The Court previously ordered Chavez to supplement his application with an explanation of how he sustains himself with no assets or income; Chavez did not comply by the extended deadline.
- The Court recommended Chavez’s IFP application be denied and directed that he pay the filing fee within 14 days to proceed or face dismissal for failure to prosecute.
- The Report and Recommendation outlines the appeal procedures as required by law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of IFP application | Chavez claims indigence but gives unclear details | Insufficient information provided | Application denied; fee required |
| Requirement to detail income/assets | Chavez provides minimal and vague information | Details are indecipherable | Application cannot be evaluated |
| Deadline for curing deficiencies in IFP application | Requests extension, does not provide new information | N/A | Failure to cure; application denied |
| Dismissal if fee not paid | No specific argument | Dismiss for failure to prosecute | Case to be dismissed if not paid |
Key Cases Cited
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948) (sets forth standard for granting in forma pauperis applications; applicants need not be absolutely destitute, but must show inability to pay and provide for life's necessities)