Paul

(PC) Moody v. Paul

Good Law
United States District Court, Eastern District of CaliforniaDecember 15, 20231:23-cv-01541California1,311 words

Opinion

Trial Court Opinion

I. BACKGROUND

Plaintiff filed this case pursuant to 42 U.S.C. § 1983 on October 31, 2023, with a complaint dated October 25, 2023. (ECF No. 1). Plaintiff filed an IFP application (which included an affidavit) also dated October 25, 2023. (ECF No. 2). Importantly, Plaintiff stated that (1) he received no money from any source over the last twelve months; and (2) that he had no cash or any other assets. (ECF No. 2). However, according to Plaintiff’s trust account statement, the information in his IFP application is false. (ECF No. 5). Among other things, the statement, which lists transactions from May 1, 2023, to October 28, 2023, shows that (1) Plaintiff routinely received deposits in his account; (2) he at times had over the formerly $4021 filing fee in his account; and (3) that he had an account balance of $227.04 as of October 19, 2023 (the last date on the statement before he signed his IFP application). However, Plaintiff spent $216.65 from his account on October 11, 2023—two weeks before he dated his IFP application—on unspecified sales, which brought his 5 account balance down from $443.99 to $227.34. 6 Noting that it…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.