What is the test for a plaintiff to claim poverty under section 1915(a) of the Federal Income Tax Act?
MultiRegion, United States of America
The following excerpt is from Ginelli v. Los Angeles Fire Dept., 43 F.3d 1479 (9th Cir. 1994):
Pursuant to 28 U.S.C. Sec. 1915(a), a court may authorize the commencement of any action without prepayment of fees and costs by "a person who makes affidavit that he is unable to pay such costs." 28 U.S.C. Sec. 1915(a). In claiming poverty under section 1915(a), an applicant must state facts as to his indigency with "some particularity, definiteness, and certainty." United States v. McQuade, 647 F.2d 938, 940 (9th Cir.1981), cert. denied, 455 U.S. 958 (1982).
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