(PC) Santiago Pratt v. Clark ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 SANTIAGO PRATT, Case No.: 1:21-cv-00180-JLT (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS 13 v. SHOULD NOT BE DENIED 14 KEN CLARK, et al., 21-DAY DEADLINE 15 Defendants. 16 17 Plaintiff has filed a motion to proceed in forma pauperis in this action. (Doc. 6.) 18 According to the California Department of Corrections and Rehabilitation certified account 19 statement submitted by Plaintiff, he had $9,849.47 in his inmate trust account as of December 9, 20 2020. (Doc. 2.) This is more than enough to pay the $402 filing fee in full. Therefore, Plaintiff 21 must show why he is 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 within 21 days of the date of service of this order, the Plaintiff SHALL to show cause in writing 5 why his motion to proceed in forma pauperis should not be denied. Alternatively, Plaintiff may 6 pay the filing fee in full. Failure to respond to this order may result in a recommendation that this 7 action be dismissed for failure to obey a court order. 8 IT IS SO ORDERED. 9 10 Dated: March 27, 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