(PC) Vargas v. California Department of Corrections and Rehabilitation
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DOMINIC VARGAS (AKA DIAMOND CASE NO. 1:20-cv-0083 JLT (PC)
VARGAS),
ORDER TO SHOW CAUSE WHY Plaintiff, PLAINTIFF’S MOTION TO PROCEED IN FORMA PAUPERIS SHOULD NOT BE v. DENIED
CALIFORNIA DEPARTMENT OF
(Docs. 2, 7) CORRECTIONS AND REHABILITATION, et al., 16 21-DAY DEADLINE Defendants. 17 Plaintiff has applied to proceed in forma pauperis. (Doc. 2.) The Inmate Statement Report submitted by the California Department of Corrections and Rehabilitation in support of plaintiff’s application shows an account balance fluctuating between $43.76 and $627.08, with the balance routinely exceeding $250. 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…