(PC) Dijkstra v. Campos ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CODY DIJKSTRA, Case No. 1:21-cv-01223-HBK 12 Plaintiff, ORDER TO SHOW CAUSE WHY PLAINTIFF’S MOTION TO PROCEED IN 13 v. FORMA PAUPERIS SHOULD NOT BE DENIED 14 CAMPOS, et al., (Doc. No. 2) 15 Defendants. FOURTEEN-DAY DEADLINE 16 17 18 Plaintiff Cody Dijkstra, a prisoner, initiated this action by filing a pro se civil rights 19 complaint pursuant to 42 U.S.C. § 1983 on August 12, 2021. (Doc. No. 1). Plaintiff 20 accompanied the filing of his complaint with an application to proceed in forma pauperis (“IFP”). 21 (Doc. No. 2). 22 The certified trust account submitted by the California Department of Corrections and 23 Rehabilitation in support of Plaintiff’s IFP application reflects a balance of $1,110.21 as of 24 August 16, 2021. (Doc. No. 6). This amount well exceeds the $402.00 filing fee for this action. 25 Plaintiff is therefore ordered to show cause why he meets the indigence requirement for eligibility 26 to proceed IFP. 27 Proceeding IFP is “a matter of privilege and not right.” Franklin v. Murphy, 745 F.2d 28 1221, 1231 (9th Cir. 1984) (abrogated on different grounds). While IFP applicants need not be 1 | “destitute” a showing of indigence is required. Adkins v. E.I. DuPont de Nemours & Co., 335 2 | U.S. 331, 339-40 (1948). Plaintiff must allege indigence “with some particularity, definiteness 3 | and certainty” before IFP can be granted. United States v. McQuade, 647 F.2d 938, 940 (9th Cir. 4 1981). 5 Plaintiff appears to have adequate funds to pay the filing fee for this action in full. While 6 | abalance of $1,110.21 appears modest at first blush it is sizeable considering Plaintiff does not 7 || incur expenses in prison for necessities such as sustenance, housing and medical care. Plaintiff 8 | therefore is ordered to show cause why he cannot afford to pay the filing fee and is entitled to 9 | proceed IFP. Failure to respond will result in a recommendation that this action be dismissed for 10 | failure to obey a court order. 11 Accordingly, it is ORDERED: 12 Within fourteen days from receipt of this Order, Plaintiff shall either: (1) withdraw his 13 | motion to proceed in forma pauperis and direct CDCR to pay the $402.00 filing fee; or (2) show 14 | cause why he meets the indigence requirement to proceed in forma pauperis. 15 '© | Dated: _ August 20, 2021 Mihaw. Wh. foareh Zaskth 17 HELENA M. BARCH-KUCHTA ig UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28