Diaz

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

10 JAMES GREGORY GARCIA, CASE NO. 1:20-cv-0669 JLT (PC)

ORDER DIRECTING CLERK OF COURT Plaintiff,

TO ASSIGN A DISTRICT JUDGE; AND

v. FINDINGS AND RECOMMENDATIONS

TO DENY PLAINTIFF’S MOTION TO

RALPH M. DIAZ, et al., PROCEED IN FORMA PAUPERIS (Doc. 2) 16 Defendants. FOURTEEN-DAY DEADLINE 17 Plaintiff moves for leave to proceed in forma pauperis in this action. (Doc. 2.) His application reveals that he has $6,500 in cash. In addition, the certified prisoner trust fund account statement detailing plaintiff’s inmate account shows that, since November 2019, plaintiff has maintained an account balance at or above $6,400. (See Doc. 6.) 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 in forma pauperis, 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…