Does plaintiff have to pay the filing fee to proceed in forma pauperis?

MultiRegion, United States of America

The following excerpt is from Kirell Francis Bettis Tr. v. Internal Revenue Serv., No: 1:20-cv-00148-NONE-SKO (E.D. Cal. 2020):

Rather than pay the filing fee, plaintiff has submitted two additional motions to proceed in forma pauperis, both of which indicate that he presently is facing imminent danger of serious physical injury because he refuses to withdraw a staff complaint about an alleged excessive force incident that is mentioned in (although not obviously connected to the primary issues raised in) his complaint. (Docs. No. 4 & 5.) Neither motion articulates "specific fact allegations of ongoing serious physical injury, or a pattern of misconduct evidencing the likelihood of imminent serious physical injury." Martin v. Shelton, 319 F.3d 1048, 1050 (8th Cir. 2003).

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