Navarrette v. 5 - Keys Charter School

• Court: District Court, N.D. California
• Decided: February 2, 2021
• Docket: 4:20-cv-02579
• Status: Unknown

Opinion

1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA

7 TOMAS NAVARRETTE, Case No. 20-cv-02579-PJH 8 Plaintiff,

9 v. ORDER DENYING MOTION FOR AUXILIARY FUNDS 10 5 - KEYS CHARTER SCHOOL, et al., Re: Dkt. No. 19 11 Defendants. 12

13 14 The court is in receipt of plaintiff’s motion for pro per auxiliary funds. Plaintiff 15 explains that he is currently incarcerated in Santa Rita jail and requests funds for phone 16 calls and administrative supplies to prosecute his case. Dkt. 19 at 1. 17 “The Supreme Court has declared that ‘the expenditure of public funds [on behalf 18 of an indigent litigant] is proper only when authorized by Congress . . . .’” Tedder v. Odel, 19 890 F.2d 210, 211–12 (9th Cir. 1989) (per curiam) (alterations in original) (quoting United 20 States v. MacCollom, 426 U.S. 317, 321 (1976)). The in forma pauperis statute, 28 21 U.S.C. § 1915, permits a court to authorize commencement of any suit without 22 prepayment of fees. 28 U.S.C. § 1915(a)(1). The statute does not, however, authorize 23 the court to pay any funds to a pro se litigant for any purpose requested by plaintiff. 24 To the extent he is able, plaintiff is free to request supplies and materials from the 25 staff at the Santa Rita jail. Because those officials are not parties to this case, the court 26 has no jurisdiction to order any relief. Even if they were parties, plaintiff has not 27 demonstrated any injury stemming from their conduct that would warrant such relief. 1 Accordingly, the court DENIES plaintiff’s motion for auxiliary funds. 2 IT IS SO ORDERED. 3 Dated: February 2, 2021 4 /s/ Phyllis J. Hamilton PHYLLIS J. HAMILTON 5 United States District Judge

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