What is the test for a party's failure to pay in a personal injury claim?

MultiRegion, United States of America

The following excerpt is from Rogers v. City of San Diego, Case No.: 18cv2746-WQH-MDD (S.D. Cal. 2019):

a party's failure to pay only if the party is granted leave to proceed in forma pauperis pursuant to 28 U.S.C. 1915(a). See Rodriguez v. Cook, 169 F.3d 1176, 1177 (9th Cir. 1999). "To proceed in forma pauperis is a privilege not a right." Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965).

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