Salinas v. U.S. Equal Employment Opportunity Commission

1
26-CV-826 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF CALIFORNIA
JACOB SALINAS,
Plaintiff,
v.
U.S. EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION,
Defendant.
Case No.: 26-CV-826 TWR (DDL)
ORDER (1) GRANTING
PLAINTIFF’S REQUEST TO
PROCEED IN FORMA PAUPERIS,
AND (2) GRANTING PLAINTIFF
LEAVE TO ELECTRONICALLY
FILE DOCUMENTS
(ECF Nos. 2, 3)
Presently before the Court is Plaintiff Jacob Salinas’ Application to Proceed in
District Court Without Prepaying Fees or Costs (“IFP Mot.,” ECF No. 2) and Motion for
Leave to Electronically File Documents (“ECF Mot.,” ECF No. 3). For the reasons below,
the Court GRANTS Plaintiff’s request to proceed in forma pauperis and GRANTS
Plaintiff leave to electronically file documents.
MOTION TO PROCEED IN FORMA PAUPERIS
All parties instituting any civil action, suit, or proceeding in a district court of the
United States, except an application for a writ of habeas corpus, must pay filing and
/ / /
/ / /
Case 3:26-cv-00826-TWR-DDL Document 4 Filed 02/19/26 PageID.<pageID> Page
1 of 3

2
26-CV-826 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
administration fees totaling $405.00.1 28 U.S.C. § 1914(a). A court may, however, in its
discretion, allow a plaintiff to proceed without paying these fees if the plaintiff seeks leave
to proceed in forma pauperis (“IFP”) by submitting an affidavit demonstrating the fees
impose financial hardship. 	See 28 U.S.C. § 1915(a); Escobedo v. Applebees, 787 F.3d
1226, 1234 (2015). Although the statute does not specify the qualifications for proceeding
IFP, the plaintiff’s affidavit must allege poverty with some particularity. 	Escobedo, 787
F.3d at 1234. Granting a plaintiff leave to proceed IFP may be proper, for example, when
the affidavit demonstrates that paying court costs will result in a plaintiff’s inability to
afford the “necessities of life.” Id. The affidavit, however, need not demonstrate that the
plaintiff is destitute. Id.
Plaintiff’s affidavit avers that his total monthly expenses are $3,551.00. 	(See IFP
Mot. at 4–5.) 	The affidavit further avers that Plaintiff was previously employed with a
gross monthly pay of $3,500.00 until January 10, 2026,2 and that he currently receives
$2,733.00 monthly from disability payments and has a total of $8.26 in bank. 	(See IFP
Mot. at 2.) 	Plaintiff also indicates that his disability payments will end on February 20,
2026.3 The Court therefore finds that Plaintiff is unable to pay the $405.00 filing fee and
GRANTS Plaintiff’s request to proceed IFP.
MOTION FOR LEAVE TO ELECTRONICALLY FILE DOCUMENTS
“Except as prescribed by local rule, order, or other procedure, the Court has
designated all cases to be assigned to the Electronic Filing System. S.D. Cal. CivLR 5.4(a).
“A pro se party seeking leave to electronically file documents must file and motion and
1 	In addition to the $350.00 statutory fee, civil litigants must pay an additional administrative fee of
$55.00. 	See 28 U.S.C. § 1914(a) (Judicial Conference Schedule of Fees, District Court Misc. Fee
Schedule, § 14 (eff. Dec. 1, 2023)). The additional $55.00 administrative fee does not apply to persons
granted leave to proceed IFP. Id.
2 	Plaintiff’s affidavit provides the year 2025, but given the context of Plaintiff’s complaint and the
present motions, the Court understands the year to be 2026.
3 	See supra note 2.
Case 3:26-cv-00826-TWR-DDL Document 4 Filed 02/19/26 PageID.<pageID> Page
2 of 3

3
26-CV-826 TWR (DDL)
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
demonstrate the means to do so properly by stating their equipment and software
capabilities in addition to agreeing to follow all rules and policies in the CM/ECF
Administration Policies and Procedures Manual.” Id.
Plaintiff’s 	Motion 	for 	Leave 	to 	Electronically 	File 	Documents 	sufficiently
demonstrates that he has the proper equipment to file electronically in accordance with
Civil Local Rule 5.4(a) and the CM/ECF Administrative Policies and Procedures Manual.
(See generally ECF Mot.) Accordingly, the Court GRANTS the Motion.
IT IS SO ORDERED.
Dated: February 19, 2026
~,~¼~
Honorable Todd W. Robinson
United States District Judge
Case 3:26-cv-00826-TWR-DDL Document 4 Filed 02/19/26 PageID.<pageID> Page
3 of 3