Thomas, III v. Clark County
2:25-cv-00903
D. Nev.Jun 3, 2025Background
- Farley Thomas, III filed a civil case against Clark County and others in the U.S. District Court for the District of Nevada.
- Plaintiff submitted an application to proceed in forma pauperis (IFP), seeking to waive court filing fees due to financial hardship.
- The IFP application was incomplete—no questions were answered, and the application was unsigned.
- Plaintiff asserted that inability to pay should not affect his right to seek justice, but did not provide required financial disclosures.
- The court reviewed the application under 28 U.S.C. § 1915(a)(1) and related precedents, which require a complete and truthful affidavit of poverty.
- The court denied the application without prejudice, giving Plaintiff 30 days to submit a complete, signed application or pay the filing fee, noting possible dismissal for noncompliance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Plaintiff qualifies to proceed in forma pauperis | Plaintiff's ability to pay shouldn’t matter | Not addressed in opinion | Application incomplete; IFP denied without prejudice |
| If information is required for IFP evaluation | Expressed opposition to needing to disclose | Not addressed in opinion | Information required; must file complete affidavit |
| Court’s obligation to shift costs based on incomplete filing | Not addressed | Not addressed in opinion | Court cannot shift costs absent sufficient information |
| Consequences of incomplete IFP application | N/A | N/A | Plaintiff given 30 days to submit complete application |
Key Cases Cited
- Escobedo v. Applebees, 787 F.3d 1226 (9th Cir. 2015) (no set formula for determining IFP status; plaintiff need not be destitute, but must show inability to pay while affording necessities)
- Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331 (1948) (plaintiff must show inability to pay costs and still provide necessities)
- United States v. McQuade, 647 F.2d 938 (9th Cir. 1981) (affidavit of poverty must state facts with particularity, definiteness, and certainty)
- Kennedy v. Huibregtse, 831 F.3d 441 (7th Cir. 2016) (misrepresentation of assets sufficient grounds to deny IFP application)