McKay

(PC) Jenkins v. McKay

Good Law
United States District Court, Eastern District of CaliforniaJanuary 27, 20201:20-cv-00118California405 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 EPHRAIM JENKINS, Case No.: 1:20-cv-00118-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY MOTION

TO PROCEED IN FORMA PAUPERIS

v. SHOULD NOT BE DENIED

J. MCKAY, et al., (Doc. 2)

Defendants. 21-DAY DEADLINE 16 Plaintiff Ephraim Jenkins moves the Court to proceed in forma pauperis (IFP). (Doc. 2.) According to the certified account statement attached to his motion, Plaintiff has received, on average, monthly deposits of $166.93 to his inmate trust account over the past six months, totaling approximately $1,000. (Id.) As this is more than enough to pay the $400 filing fee in this action, 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…

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