(PS) Flynn v. County of Tuolumne

Good Law
United States District Court, Eastern District of CaliforniaNovember 14, 20242:24-cv-02265California317 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 10 JOHN FLYNN, Case No. 2:24-cv-2265-DJC-JDP (PS) Plaintiff, v. ORDER COUNTY OF TUOLUMNE et al., Defendants. 16 Plaintiff, proceeding pro, brings this § 1983 action and concurrently has applied to proceed in forma pauperis, ECF No. 2. I have reviewed his in forma pauperis applications, and it appears that he has sufficient funds to cover the filing fee. His applications indicates that he has a take-home pay of $1,740 monthly, receives $1,481 monthly in social security disability benefits, receives monthly $3,108 from his pension monthly, and has $9,300 in his checking account— which seems to be more than enough to pay the $405 filing fee. Id. But before recommending that plaintiff’s application be denied, I will give him an opportunity to respond to this order and to explain why he cannot both pay the filing fee and still afford his necessities. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir. 2015) (“An affidavit…

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