(PC) Richardson v. Allison ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ASALI M. RICHARDSON, CASE NO. 1:21-cv-0070 JLT (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY PLAINTIFF’S MOTION TO PROCEED IN 13 v. FORMA PAUPERIS SHOULD NOT BE DENIED 14 ALLISON, et al., (Doc. 2) 15 Defendants. 21-DAY DEADLINE 16 17 Plaintiff has applied to proceed in forma pauperis. (Doc. 2.) However, the Inmate 18 Statement Report submitted by the California Department of Corrections and Rehabilitation in 19 support of plaintiff’s application, shows a monthly account balance in excess of $1,000. 20 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 21 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. 22 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “the same even-handed care must 23 be employed to assure that federal funds are not squandered to underwrite, at public expense, 24 either frivolous claims or the remonstrances of a suitor who is financially able, in whole or in 25 material part, to pull his own oar.” Doe v. Educ. Enrichment Sys., No. 15cv2628-MMA (MDD), 26 2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. Dec. 30, 2015) (citing Temple v. Ellerthorpe, 586 27 F. Supp. 848, 850 (D.R.I. 1984)). “[T]he court shall dismiss the case at any time if the court 28 1 determines the allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). It appears that 2 plaintiff has had sufficient funds over the last several months to be required to pay the filing fee 3 in full to proceed in this action, but he chose to spend his money elsewhere. Accordingly, the 4 Court ORDERS that within 21 days of the date of service of this order, plaintiff shall show 5 cause why her motion to proceed in forma pauperis should not be denied and she be required to 6 pay the filing fee in full before proceeding. Alternatively, plaintiff may file a notice of voluntary 7 dismissal. 8 Failure to respond to this order will result in dismissal for failure to obey a court 9 order. 10 IT IS SO ORDERED. 11 12 Dated: March 3, 2021 /s/ Jennifer L. Thurston UNITED STATES MAGISTRATE JUDGE 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28