Levin
(PC) Franco v. Levin
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ALEXANDER FRANCO, CASE NO. 1:19-cv-0764 JLT (PC)
Plaintiff, ORDER TO SHOW CAUSE WHY
PLAINTIFF’S MOTION TO PROCEED IN
v. FORMA PAUPERIS SHOULD NOT BE
DENIED
LEVIN, et al., (Docs. 2, 8) 15 Defendants. 21-DAY DEADLINE 16 The Certificate of Funds in Prisoner’s Account submitted in support of plaintiff’s application to proceed in forma pauperis reveals average deposits each month totaling $160, and an average monthly prisoner balance of $160. (Doc. 2.) Additionally, the Inmate Statement Report submitted by the California Department of Corrections and Rehabilitation shows an account balance fluctuating between $57.46 and $641.61. 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…