What is the test for a motion to commence a personal injury action without prepayment of fees?
MultiRegion, United States of America
The following excerpt is from Greene v. Berryhill, Case No.: 18-cv-02117-LAB-BGS (S.D. Cal. 2019):
A court may authorize the commencement of a suit without prepayment of fees if the plaintiff submits an affidavit, including a statement of all his or her assets, showing that he or she is unable to pay the filing fee. See 28 U.S.C. 1915(a). The affidavit must "state the facts as to [the] affiant's poverty with some particularity, definiteness and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981) (internal quotations omitted).
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