Stone v. Mid-Century Insurance Company

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WO
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF ARIZONA
Alex Stone,
Plaintiff,
v.
Mid-Century Insurance Company,
Defendant.
No. CV-26-01796-PHX-DWL
ORDER
Pending before the Court is Plaintiff’s Application for Leave to Proceed In Forma
Pauperis (Doc. 3), which the Court denies without prejudice.
To proceed in forma pauperis, a plaintiff must establish a threshold level of financial
need. Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An affidavit in
support of an IFP application is sufficient where it alleges that the affiant cannot pay the
court costs and still afford the necessities of life. . . . As this court has recognized, one need
not be absolutely destitute to obtain benefits of the in forma pauperis statute. Nonetheless,
a plaintiff seeking IFP status must allege poverty with some particularity, definiteness and
certainty.”) (citations and quotation marks omitted).
In Section 1 of the form, Plaintiff asserts that his monthly income is $860 and that
his spouse has no current income and earned no income over the past 12 months. However,
in Section 3 of the form, Plaintiff states that his spouse’s gross monthly income is $3,800.
If so, this would result in an aggregate monthly household income of $4,660, which
exceeds the listed monthly expenses of $3,865.
Case 2:26-cv-01796-DWL Document 8 Filed 03/18/26 Page 1 of 2

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On this record, the Court cannot determine that Plaintiff meets the standard to
proceed in forma pauperis. Plaintiff may submit a new application for leave to proceed in
forma pauperis that clarifies his financial status. Any new application should be filled out
in full—including Plaintiff’s employment history for the past two years, which was left
blank in Section 3 of the current form.
As a final matter, Plaintiff’s minor son is listed by name, rather than initials. As
such, the Court will order this denied application sealed. Any new application shall list
any minors by initials only.
Accordingly,
IT IS ORDERED that Plaintiff’s Application for Leave to Proceed In Forma
Pauperis (Doc. 3) is denied without prejudice.
IT IS FURTHER ORDERED that Plaintiff must file a new application to proceed
in forma pauperis or pay the filing fee by April 3, 2026.
IT IS FURTHER ORDERED that the Clerk of Court, without further notice, shall
dismiss this case without prejudice if Plaintiff fails to file a new application to proceed in
forma pauperis or pay the filing fee by April 3, 2026.
IT IS FURTHER ORDERED that the Clerk of Court shall seal the application
(Doc. 3).
Dated this 18th day of March, 2026.
Case 2:26-cv-01796-DWL Document 8 Filed 03/18/26 Page 2 of 2