(PC)Urbina v. Onyeje ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 MARIO URBINA, Case No.: 1:21-cv-01623-SKO (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION 13 v. TO PROCEED IN FORMA PAUPERIS SHOULD NOT BE DENIED 14 O. ONYEJE, 21-DAY DEADLINE 15 Defendant. 16 17 Plaintiff Mario Urbina has filed a motion to proceed in forma pauperis (“IFP”) pursuant to 18 28 U.S.C. § 1915. (Doc. 3.) According to the certified account statement attached to his motion, 19 Plaintiff had $1,623.25 in his inmate trust account as of July 2, 2021, and $604.60 as of October 20 25, 2021. (Id. at 4.) This is enough to pay the $402 filing fee in this action. 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) (citation omitted). Hence, “the court 1 shall dismiss the case at any time if the court determines that the [plaintiff’s] allegation of poverty 2 is untrue.” 28 U.S.C. § 1915(e)(2)(A). 3 According to his inmate trust account, Plaintiff has adequate funds to pay the filing fee for 4 this action. Accordingly, the Court ORDERS Plaintiff, within 21 days of the date of service of 5 this order, to show cause in writing why his motion to proceed IFP should not be denied. Failure 6 to respond to this order will result in a recommendation that this action be dismissed for 7 failure to obey a court order. 8 IT IS SO ORDERED. 9 10 Dated: November 9, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27