(PC)Urbina

(PC)Urbina v. Onyeje

Good Law
United States District Court, Eastern District of CaliforniaNovember 10, 20211:21-cv-01623California393 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 MARIO URBINA, Case No.: 1:21-cv-01623-SKO (PC) Plaintiff,

ORDER TO SHOW CAUSE WHY MOTION

v. TO PROCEED IN FORMA PAUPERIS

SHOULD NOT BE DENIED

O. ONYEJE, 21-DAY DEADLINE Defendant. 16 Plaintiff Mario Urbina has filed a motion to proceed in forma pauperis (“IFP”) pursuant to 28 U.S.C. § 1915. (Doc. 3.) According to the certified account statement attached to his motion, Plaintiff had $1,623.25 in his inmate trust account as of July 2, 2021, and $604.60 as of October 25, 2021. (Id. at 4.) 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 Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be employed…

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