Marroquin v. Mr. Gordon
3:25-cv-01075
S.D. Cal.Apr 30, 2025Background
- Frank Anthony Marroquin, proceeding pro se, filed a civil action against Mr. Gordon of the Department of Motor Vehicles on April 28, 2025.
- Marroquin sought to proceed in forma pauperis (IFP), asserting he could not afford the court's filing fee.
- The filing fee for civil actions in federal court is $405, unless waived for those granted IFP status.
- Plaintiff's IFP application stated he has no income, cash, or assets but failed to provide details regarding bank accounts or monthly expenses.
- The court found Marroquin's application lacked clarity—specifically, how he is providing for life's necessities with no reported expenses or income.
- The court denied the IFP application without prejudice, allowing Marroquin until May 28, 2025, to pay the fee or file a corrected application.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff qualifies for IFP status | Marroquin claims inability to pay fees | Not stated | IFP request denied due to insufficient financial disclosure |
Key Cases Cited
- Rodriguez v. Cook, 169 F.3d 1176 (9th Cir. 1999) (explaining that federal courts may waive filing fees for indigent parties under proper circumstances)
- Escobedo v. Applebees, 787 F.3d 1226 (9th Cir. 2015) (requiring detailed allegations of poverty to support IFP status)
- United States v. McQuade, 647 F.2d 938 (9th Cir. 1981) (plaintiff must allege poverty with particularity, definiteness, and certainty)