Fisher

(PC) Dilbert v. Fisher

Good Law
United States District Court, Eastern District of CaliforniaMarch 4, 20221:22-cv-00247California404 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF CALIFORNIA 10 CLIFFORD ALAN DILBERT, Case No.: 1:22-cv-00247-SKO (PC) Plaintiff,

ORDER TO SHOW CAUSE WHY MOTION

v. TO PROCEED IN FORMA PAUPERIS

SHOULD NOT BE DENIED

R. FISHER, 21-DAY DEADLINE Defendant. 16 Plaintiff Clifford Alan Dilbert 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 $1,128.62 in his inmate trust account as of September 1, 2021. (Doc. 11.) As of March 1, 2022, Plaintiff had $622.35 in his account. (Id.) 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…

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