(PC) Gradford v. Tiexiera ( 2019 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 WILLIAM J. GRADFORD, Case No.: 1:19-cv-01783-SKO (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS 13 v. SHOULD NOT BE DENIED 14 TIEXIERA, et al., (Doc. 2) 15 Defendants. 21-DAY DEADLINE 16 17 On December 23, 2019, Plaintiff William J. Gradford filed a motion to proceed in forma 18 pauperis (IFP). (Doc. 2.) In his motion, Plaintiff states that he received a $3,000 settlement earlier 19 this year. (Id.) This is more than enough to pay the $400 filing fee in this action; therefore, 20 Plaintiff must show why he is entitled to IFP status. 21 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 22 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I. 23 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be 24 employed to assure that federal funds are not squandered to underwrite, at public expense, either 25 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material 26 part, to pull his own oar.’” Doe v. Educ. Enrichment Sys., No. 15-cv-2628-MMA-MDD, 2015 27 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (quoting Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984)). Hence, “the court shall dismiss the case at any time if the court determines 1 that the [plaintiff’s] allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). 2 Plaintiff may have adequate funds to be required to pay the filing fee in full to proceed in 3 this action. Accordingly, within 21 days of the date of service of this order, Plaintiff SHALL 4 show cause why his motion to proceed IFP should not be denied, and why this action should not 5 be dismissed without prejudice to refiling with prepayment of the filing fee. Failure to respond 6 to this order will result in dismissal for failure to obey a court order. 7 IT IS SO ORDERED. 8 Sheila K. Oberto 9 Dated: December 27, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27