Allison

(PC) Richardson v. Allison

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20211:21-cv-00070California400 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT

EASTERN DISTRICT OF CALIFORNIA

ASALI M. RICHARDSON, CASE NO. 1:21-cv-0070 JLT (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY

PLAINTIFF’S MOTION TO PROCEED IN

v. FORMA PAUPERIS SHOULD NOT BE

DENIED

ALLISON, et al., (Doc. 2) 15 Defendants. 21-DAY DEADLINE

Plaintiff has applied to proceed in forma pauperis. (Doc. 2.) However, the Inmate Statement Report submitted by the California Department of Corrections and Rehabilitation in support of plaintiff’s application, shows a monthly account balance in excess of $1,000. 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 expense, either frivolous claims or the remonstrances of a suitor who is financially able, in…

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