(PC) Jenkins v. McKay ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 EPHRAIM JENKINS, Case No.: 1:20-cv-00118-SKO (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS 13 v. SHOULD NOT BE DENIED 14 J. MCKAY, et al., (Doc. 2) 15 Defendants. 21-DAY DEADLINE 16 17 Plaintiff Ephraim Jenkins moves the Court to proceed in forma pauperis (IFP). (Doc. 2.) 18 According to the certified account statement attached to his motion, Plaintiff has received, on 19 average, monthly deposits of $166.93 to his inmate trust account over the past six months, 20 totaling approximately $1,000. (Id.) As this is more than enough to pay the $400 filing fee in this 21 action, Plaintiff must show why he is entitled to IFP status. 22 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 23 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I. 24 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be 25 employed to assure that federal funds are not squandered to underwrite, at public expense, either 26 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material 27 part, to pull his own oar.’” Doe v. Educ. Enrichment Sys., No. 15-cv-2628-MMA-MDD, 2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (quoting Temple v. Ellerthorpe, 586 F. Supp. 848, 1 850 (D.R.I. 1984)). Hence, “the court shall dismiss the case at any time if the court determines 2 that the [plaintiff’s] allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). 3 Plaintiff may have adequate funds to be required to pay the filing fee in full to proceed in 4 this action. Accordingly, within 21 days of the date of service of this order, Plaintiff shall show 5 cause why his motion to proceed IFP should not be denied, and why this action should not be 6 dismissed without prejudice to refiling with prepayment of the filing fee. Failure to respond to 7 this order will result in dismissal for failure to obey a court order. 8 IT IS SO ORDERED. 9 Sheila K. Oberto 10 Dated: January 27, 2020 /s/ . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27