Tiexiera
(PC) Gradford v. Tiexiera
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 WILLIAM J. GRADFORD, Case No.: 1:19-cv-01783-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY MOTION
TO PROCEED IN FORMA PAUPERIS
v. SHOULD NOT BE DENIED
TIEXIERA, et al., (Doc. 2)
Defendants. 21-DAY DEADLINE 16 On December 23, 2019, Plaintiff William J. Gradford filed a motion to proceed in forma pauperis (IFP). (Doc. 2.) In his motion, Plaintiff states that he received a $3,000 settlement earlier this year. (Id.) This is more than enough to pay the $400 filing fee in this action; therefore, Plaintiff must show why he is entitled to IFP status. 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 squandered to underwrite, at public expense,…