Neve

(PC) Arteaga v. Neve

Good Law
United States District Court, Eastern District of CaliforniaNovember 25, 20191:19-cv-01001California403 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 JOSE ARTEAGA, Case No.: 1:19-cv-01001-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY MOTION

TO PROCEED IN FORMA PAUPERIS

v. SHOULD NOT BE DENIED

D. NEVE, et al., (Doc. 11)

Defendants. 21-DAY DEADLINE 16 On November 18, 2019, Plaintiff Jose Arteaga filed a motion to proceed in forma pauperis (IFP). (Doc. 11.) The Inmate Statement Report included with his motion indicates that, as of September 19, 2019, Plaintiff had $1,186.72 in his inmate trust account. (Id. at 9.) During the proceeding six months, Plaintiff had an average monthly balance of approximately $1,486. (See id.) Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be employed to assure that federal funds are not…

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