(PS) Flynn v. County of Tuolumne

Good Law
United States District Court, Eastern District of CaliforniaFebruary 26, 20252:24-cv-02265California897 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. FINDINGS AND RECOMMENDATIONS COUNTY OF TUOLUMNE, et al., Defendants. 16 Plaintiff, proceeding in pro se, has twice requested leave to proceed in forma pauperis, as required by 28 U.S.C. § 1915(a)(1). ECF Nos. 2 & 4. After reviewing plaintiff’s initial application, it appeared that plaintiff had sufficient funds to cover the filing fee. ECF No. 3. His application indicated 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 seemed to be more than enough to pay the $405 filing fee. Id. Instead of recommending that plaintiff’s application be denied, I ordered plaintiff to explain why he cannot both pay the filing fee and still afford his necessities. See Escobedo v. Applebees, 787 F.3d 1226, 1234…

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