Agundez
(PC) Davis v. Agundez
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CORNELL DAVIS, Case No. 1:20-cv-00640-JLT (PC) Plaintiff, ORDER TO SHOW CAUSE WHY MOTION
TO PROCEED IN FORMA PAUPERIS
v. SHOULD NOT BE DENIED
A. AGUNDEZ, et al., (Doc. 2)
Defendants. 21-DAY DEADLINE 16 Plaintiff has filed a motion to proceed in forma pauperis. (Doc. 2.) According to his prison trust account statement, on January 27, 2020, Plaintiff received a settlement check in the amount of $3,500. (Doc. 5.) As of April 17, 2020, Plaintiff had $1,194.68 in his trust account. This is more than enough to pay the $400 filing fee in this action. 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 federal funds are not squandered to underwrite, at public…