Rosa v. Fident
1:25-cv-00155
| D. Haw. | Apr 17, 2025Background
- Clifford Rosa, a prisoner, filed a civil action in the District of Hawaii and sought to proceed in forma pauperis (IFP) without prepaying the full filing fee.
- A complete IFP application requires an affidavit of indigence, a financial certificate, and a certified copy of the inmate’s trust account statements for the previous six months.
- Rosa’s application was incomplete, lacking the required affidavit and containing outdated documents.
- The Court uses a specific form that integrates all required parts and reminders for submission.
- Rosa was directed to submit a complete and current IFP application or pay the filing fee in full by a set deadline to avoid dismissal.
- The Court will not consider any further filings until the deficiencies are rectified.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Rosa can proceed IFP with an incomplete application | Rosa seeks to proceed IFP | (No argument stated) | Application denied; must submit a complete, up-to-date IFP form |
Key Cases Cited
- Bruce v. Samuels, 577 U.S. 82 (2016) (clarifying incremental filing fee payments and collection requirements for prisoners under the IFP statute)
- Page v. Torrey, 201 F.3d 1136 (9th Cir. 2000) (addressing statutory requirements for prisoners’ in forma pauperis applications)
- Olivares v. Marshall, 59 F.3d 109 (9th Cir. 1995) (discussing dismissal for failure to prosecute and pay fees)