(PC) Butler v. Baker ( 2023 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 FOR THE EASTERN DISTRICT OF CALIFORNIA 9 10 JAHMARI BUTLER, Case No. 2:23-cv-00565-JDP (PC) 11 Plaintiff, ORDER THAT PLAINTIFF SHOW CAUSE WHY HIS APPLICATION TO PROCEED 12 v. IN FORMA PAUPERIS SHOULD NOT BE DENIED AND HE BE DIRECTED TO PAY 13 D. BAKER, et al., THE ENTIRE FILING FEE 14 Defendants. ECF No. 2 15 16 17 18 19 20 Plaintiff, a state prisoner, brings this § 1983 action and concurrently has applied to 21 proceed in forma pauperis, ECF No. 2. I have reviewed his prison trust fund account statement, 22 and it appears that he has sufficient funds to cover the filing fee. His account statement indicates 23 that he has an available balance of $10,261, which is more than enough to cover the $402 filing 24 fee. But before recommending that plaintiff’s application be denied, I will give him an 25 opportunity to respond to this order and to explain why he cannot both pay the filing fee and still 26 afford his necessities. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An 27 affidavit in support of an IFP application is sufficient where it alleges that the affiant cannot pay 28 the court costs and still afford the necessities of life.”). 1 Accordingly, it is ORDERED that within twenty-one days of this order’s entry plaintiff 2 | may respond to this order and explain why he should still be allowed to proceed in forma 3 | pauperis. Ifhe fails to do so, I will recommend that plaintiff's application be denied, and he be 4 | directed to pay the full filing fee. 5 6 IT IS SO ORDERED. Dated: _ April 5, 2023 Q——— 8 JEREMY D. PETERSON 9 UNITED STATES MAGISTRATE JUDGE 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28