Akabike
(PC) Davis v. Akabike
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
ANTHONY DAVIS, CASE NO. 1:19-cv-1504 DAD JLT (PC)
Plaintiff, ORDER TO SHOW CAUSE WHY
PLAINTIFF’S MOTION TO PROCEED IN
v. FORMA PAUPERIS SHOULD NOT BE
DENIED
DR. N. AKABIKE, (Docs. 2, 6)
15 Defendant. 21-DAY DEADLINE 16 Plaintiff has applied to proceed in forma pauperis. (Doc. 2.) The Inmate Statement Report 17 submitted by the California Department of Corrections and Rehabilitation in support of plaintiff’s 18 application shows an account balance fluctuating between $0.21 and $408.90, with the balance 19 for the three months before plaintiff filed this case ranging between $198 and $408.90. 20 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 21 116 (9th Cir. 1965). While a party need not be completely destitute to proceed IFP, Adkins v. 22 E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “the same even-handed care must 23 be employed to assure that federal funds are not squandered to underwrite, at public…