Baker

(PC) Butler v. Baker

Good Law
United States District Court, Eastern District of CaliforniaApril 5, 20232:23-cv-00565California322 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA 9 JAHMARI BUTLER, Case No. 2:23-cv-00565-JDP (PC) Plaintiff, ORDER THAT PLAINTIFF SHOW CAUSE

WHY HIS APPLICATION TO PROCEED

v. IN FORMA PAUPERIS SHOULD NOT BE

DENIED AND HE BE DIRECTED TO PAY

D. BAKER, et al., THE ENTIRE FILING FEE Defendants. ECF No. 2 15 16 17 18 19 Plaintiff, a state prisoner, brings this § 1983 action and concurrently has applied to proceed in forma pauperis, ECF No. 2. I have reviewed his prison trust fund account statement, and it appears that he has sufficient funds to cover the filing fee. His account statement indicates that he has an available balance of $10,261, which is more than enough to cover the $402 filing fee. But before recommending that plaintiff’s application be denied, I will give him an opportunity to respond to this order and to explain why he cannot both pay the filing fee and still afford his necessities. See Escobedo v. Applebees, 787 F.3d 1226, 1234 (9th Cir.…

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