(PC) Davis v. Agundez ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 CORNELL DAVIS, Case No. 1:20-cv-00640-JLT (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS 13 v. SHOULD NOT BE DENIED 14 A. AGUNDEZ, et al., (Doc. 2) 15 Defendants. 21-DAY DEADLINE 16 17 Plaintiff has filed a motion to proceed in forma pauperis. (Doc. 2.) According to his 18 prison trust account statement, on January 27, 2020, Plaintiff received a settlement check in the 19 amount of $3,500. (Doc. 5.) As of April 17, 2020, Plaintiff had $1,194.68 in his trust account. 20 This is more than enough to pay the $400 filing fee in this action. 21 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 22 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I. 23 DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be 24 employed to assure that federal funds are not squandered to underwrite, at public expense, either 25 frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material 26 part, to pull his own oar.’” Doe v. Educ. Enrichment Sys., No. 15-cv-2628-MMA-MDD, 2015 27 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (quoting Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984)). Hence, “the court shall dismiss the case at any time if the court determines 1 that the [plaintiff’s] allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). 2 Plaintiff has adequate funds to pay the filing fee in full to proceed in this action. 3 Accordingly, within 21 days of the date of service of this order, Plaintiff shall show cause in 4 writing why his motion to proceed in forma pauperis should not be denied. Alternatively, 5 Plaintiff may pay the $400 filing fee in this action. Failure to respond to this order will result 6 in dismissal for failure to obey a court order. 7 IT IS SO ORDERED. 8 9 Dated: May 7, 2020 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27