Flores

(PC) Johnson v. Flores

Good Law
United States District Court, Eastern District of CaliforniaOctober 13, 20211:21-cv-01491California401 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CHRISTOPHER JOHNSON, Case No.: 1:21-cv-01491-SKO (PC) Plaintiff,

ORDER TO SHOW CAUSE WHY MOTION

v. TO PROCEED IN FORMA PAUPERIS

SHOULD NOT BE DENIED

LT. FLORES, 21-DAY DEADLINE Defendant. 16 Plaintiff Christopher Johnson has filed a motion to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 2.) According to the certified account statement submitted by the California Department of Corrections and Rehabilitation, Plaintiff had $1,535.39 in his inmate trust account as of July 15, 2021. (Doc. 5.) As of September 17, 2021, Plaintiff had $433.60 in his account. This is 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, Adkins v. E.I. DuPont de…

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