(PC) Rannels v. Smith

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 DANIEL W. RANNELS, Case No.: 1:21-cv-00049-SKO (PC) Plaintiff,

ORDER TO SHOW CAUSE WHY MOTION

v. TO PROCEED IN FORMA PAUPERIS

SHOULD NOT BE DENIED

SMITH, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff Daniel W. Rannels moves the Court to proceed in forma pauperis in this action. (Doc. 2.) According to the certified account statement submitted by the California Department of Corrections and Rehabilitation, Plaintiff has received, on average, monthly deposits of approximately $400 to his inmate trust account over the past six months, and he currently has $1,337.32 in his account. (Doc. 6) This is more than enough to pay the $402 filing fee in this action. Therefore, Plaintiff must show why he is entitled to proceed in forma pauperis. 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, 25 …