(PC) Lewis v. Cisneros ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 PAUL DIXON LEWIS, Case No.: 1:21-cv-00115-JLT (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS 13 v. SHOULD NOT BE DENIED 14 T. CISNEROS, 21-DAY DEADLINE 15 Defendant. 16 17 Plaintiff has filed a motion to proceed in forma pauperis in this action. (Doc. 2.) 18 According to the certified account statement submitted by the California Department of 19 Corrections and Rehabilitation, Plaintiff has $1,050.05 in his inmate trust account. (Doc. 6.) This 20 is more than enough to pay the $402 filing fee in full. Therefore, Plaintiff must show why he is 21 entitled to proceed in forma pauperis. 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 in forma pauperis, 24 Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed 25 care must be employed to assure that federal funds are not squandered to underwrite, at public 26 expense, either frivolous claims or the remonstrances of a suitor who is financially able, in whole 27 or in material 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 1 F. Supp. 848, 850 (D.R.I. 1984)). Hence, “the court shall dismiss the case at any time if the court 2 determines that the [plaintiff’s] allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). 3 Plaintiff appears to have adequate funds to pay the filing fee for this action. Accordingly, 4 the Court ORDERS Plaintiff, within 21 days of the date of service of this order, to show cause in 5 writing why his motion to proceed in forma pauperis should not be denied. Alternatively, 6 Plaintiff may pay the filing fee in full. Failure to respond to this order may result in a 7 recommendation that this action be dismissed for failure to obey a court order. 8 IT IS SO ORDERED. 9 10 Dated: January 30, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27