(PC) Vargas v. California Department of Corrections and Rehabilitation

Good Law
United States District Court, Eastern District of CaliforniaFebruary 10, 20201:20-cv-00083California413 words

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…

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