(PC) Santiago Pratt v. Clark

Good Law
United States District Court, Eastern District of CaliforniaMarch 29, 20211:21-cv-00180California401 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 SANTIAGO PRATT, Case No.: 1:21-cv-00180-JLT (PC)

Plaintiff, ORDER TO SHOW CAUSE WHY MOTION

TO PROCEED IN FORMA PAUPERIS

v. SHOULD NOT BE DENIED

KEN CLARK, et al., 21-DAY DEADLINE Defendants. 16 Plaintiff has filed a motion to proceed in forma pauperis in this action. (Doc. 6.) According to the California Department of Corrections and Rehabilitation certified account statement submitted by Plaintiff, he had $9,849.47 in his inmate trust account as of December 9, 2020. (Doc. 2.) This is more than enough to pay the $402 filing fee in full. 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, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339–40 (1948), “‘the same even-handed care must…

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