(PS) Ahmadzai v. County of Sacramento et al

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UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF CALIFORNIA
MOHIBULLAH AHMADZAI,
Plaintiff,
v.
COUNTY OF SACRAMENTO, et al.,
Defendants.
Case No. 2:25-cv-02625-DC-CSK
ORDER DENYING WITHOUT PREJUDICE
PLAINTIFF’S REQUEST TO PROCEED
IFP
(ECF Nos. 2, 3)
Plaintiff Mohibullah Ahmadzai is representing himself in this action and seeks
leave to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915.1 (ECF No. 2.)
For the reasons stated below, the Court DENIES Plaintiff’s request to proceed IFP
without prejudice.
I. 	LEGAL STANDARDS
All parties instituting any civil action, suit or proceeding in any district court of the
United States, except an application for writ of habeas corpus, must pay a filing fee. See
28 U.S.C. § 1914(a). An action may proceed despite a party's failure to pay the filing fee
only if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C.
§ 1915(a). See Andrews v. Cervantes, 493 F.3d 1047, 1051 (9th Cir. 2007); Rodriguez v.
1 	This matter proceeds before the undersigned pursuant to 28 U.S.C. § 636, Fed. R.
Civ. P. 72, and Local Rule 302(c).

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Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). To qualify to proceed in forma pauperis, the
litigant must submit an affidavit that includes a statement of all assets they possess.
28 U.S.C. § 1915(a)(1). The affidavit must also state that the person is unable to pay the
fees or give security. Id. The affidavit must provide “sufficient details concerning [the
applicant’s] income, assets, and expenditures[.]” Williams v. Cnty. of Ventura, 443 F.
App’x 232, 233 (9th Cir. 2011) (citing United States v. McQuade, 647 F.2d 938, 940 (9th
Cir. 1981) (an affidavit claiming poverty in support of a motion made under
28 U.S.C. § 1915 must state the relevant facts “with some particularity, definiteness, and
certainty”).
II. 	DISCUSSION
A. 	Plaintiff’s Request to Proceed IFP
Plaintiff’s IFP application indicates he receives the following income:
approximately $1,578/monthly in Cash Aid; approximately $906/monthly in CalFresh;
and $9,400 in Financial Aid for “Fall 2025.” ECF No. 2 ¶ 3. It is not clear how many
months Plaintiff’s financial aid covers to determine whether Plaintiff is unable to pay the
fees or give security as required pursuant to 28 U.S.C. § 1915(a)(1). Plaintiff's IFP
application lacks sufficient detail to establish that he is entitled to prosecute this case
without paying the required fees. See Williams, 443 F. App’x at 233. Plaintiff will be
provided an opportunity to file an amended IFP application. Therefore, Plaintiff’s request
to proceed in forma pauperis (ECF No. 2) is DENIED without prejudice to its renewal.
Plaintiff is warned that failure to pay the filing fee or submit a complete IFP application
with sufficient detail by the prescribed deadline may result in a recommendation that this
action be dismissed.
B. 	Plaintiff’s Request for Service
Plaintiff has also filed a request for service of the summons and Complaint. (ECF
No. 3.) This request is premature as the Court must first determine whether IFP is
appropriate and if it is, the Court must screen the complaint and dismiss any claims that
are frivolous or malicious, fail to state a claim on which relief may be granted, or seek

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monetary relief against an immune defendant. 28 U.S.C. § 1915(e)(2). Accordingly,
Plaintiff’s request for service (ECF No. 3) is DENIED as premature.
III. 	CONCLUSION
In accordance with the above, IT IS ORDERED that:
1. 	Plaintiff’s request for service (ECF No. 3) is DENIED as premature;
2. 	Plaintiff’s request to proceed in forma pauperis (ECF No. 2) is DENIED
without prejudice; and
3. 	Plaintiff must pay the filing fee or file a complete and signed application to
proceed IFP within thirty (30) days from the date of this order.
Dated: January 5, 2026
4, ahma2625.25