Sears

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF CALIFORNIA 8 SCOTT ALLEN SEARS, Case No. 21-cv-00106-BAS-JLB 9 Plaintiff, ORDER: 10 v. (1) GRANTING PLAINTIFF’S WARDEN LINDA SAUNDERS, MOTION TO PROCEED IN FORMA PAUPERIS (ECF No. 3); 12 Defendant.

AND

13 (2) REQUIRING PLAINTIFF TO SHOW CAUSE RE: VENUE 15 Plaintiff, a resident of Ohio, filed this action on January 20, 2021 against Linda Saunders, the Warden of Federal Correctional Institution, Lompoc (“FCI Lompoc”). (Compl., ECF No. 1.) Plaintiff also concurrently filed a Motion for Leave to Proceed In Forma Pauperis (“IFP Motion”). (ECF No. 3.) I. IFP MOTION Under 28 U.S.C. § 1915, a litigant who is unable to pay the filing fee to commence a legal action because of indigency may petition the court to proceed without making such payment. The determination of indigency falls within the district court’s discretion. Cal. Men’s Colony v. Rowland, 939 F.2d 854, 858 (9th Cir. 1991), rev’d on other grounds, 506 U.S. 194 (1993) (holding that…