(PC) Hammler v. Zydus Pharmacy

Good Law
United States District Court, Eastern District of CaliforniaJune 3, 20211:21-cv-00343California509 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 ALLEN HAMMLER, Case No. 1:21-cv-00343-JLT (PC)

Plaintiff, ORDER DISREGARDING PLAINTIFF’S

MOTION FOR EXTENSION OF TIME

v. (Doc. 9)

ZYDUS PHARMACY, et al., FINDINGS AND RECOMMENDATIONS TO

DENY PLAINTIFF’S MOTION TO

Defendants. PROCEED IN FORMA PAUPERIS (Doc. 10) 16 14-DAY DEADLINE 17 Clerk of the Court to Assign a District Judge 18 Before the Court is Plaintiff’s motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915.1 (Doc. 10.) The certified trust account statement attached to his motion indicates that Plaintiff has $1,830.45 in his inmate trust account. (Id. at 4.) This is more than enough to pay the $402 filing fee for this action in full. 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,…

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