Sullivan v. Pacheco et al

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Jack Sullivan,
Plaintiff,
v.
Carmen Pacheco, et al.,
Defendants.
No. CV-26-00047-TUC-JCH
ORDER
Before the Court is Plaintiff Jack Sullivan’s Application to Proceed In Forma
Pauperis (“IFP”). (Doc. 2). The Court will deny Plaintiff’s Application because it is
incomplete.
All parties instituting any civil action, suit, or proceeding in a district court of the
United States, except an application for writ of habeas corpus, must pay a filing fee of
$350.00. See 28 U.S.C. § 1914(a). An action may proceed despite a plaintiff’s failure to
prepay the entire fee only if the plaintiff is granted leave to proceed IFP under 28 U.S.C.
§ 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). Arizona Local
Rule of Civil Procedure (“LRCiv.”) 3.3(a) sets requirements for IFP applications. As
pertinent here, LRCiv. 3.3(a)(1) requires the application contain “[a] statement as to current
employment including the amount of wages or salary per month and the name of the current
employer.”
In Plaintiff’s Application, he records take home pay of $800.00 per month, $20.00
in cash or bank account, and regular monthly expenses for food and utilities totaling
Case 4:26-cv-00047-JCH Document 5 Filed 02/04/26 Page 1 of 2

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$800.00 per month. Plaintiff’s Application is incomplete because he does not provide the
name of his employer and the employer’s address, as required by LRCiv. 3.3(a)(1). The
Court is also unsure how Plaintiff pays $300.00 in utilities per month when Plaintiff does
not report owning any real estate nor a regular rental expense. The Court will thus deny
Plaintiff’s Application because it is incomplete.
Accordingly,
IT IS ORDERED denying the Application to Proceed In Forma Pauperis (Doc. 2).
Within 30 days of the date this Order is filed, Plaintiff must either pay the $350.00 filing
fee and $55.00 administrative fee or file a complete Application to Proceed In Forma
Pauperis.
IT IS FURTHER ORDERED that if Plaintiff fails to either pay the $350.00 filing
fee and $55.00 administrative fee or file a complete Application to Proceed In Forma
Pauperis within 30 days, the Clerk of Court must enter a judgment of dismissal of this
action without prejudice and without further notice to Plaintiff.
Dated this 3rd day of February, 2026.
Case 4:26-cv-00047-JCH Document 5 Filed 02/04/26 Page 2 of 2