(PC) Arteaga v. Neve

Opinion

JOSE ARTEAGA, Case No.: 1:19-cv-01001-SKO (PC) Plaintiff, ORDER TO SHOW CAUSE WHY MOTION TO PROCEED IN FORMA PAUPERIS v. SHOULD NOT BE DENIED

D. NEVE, et al., (Doc. 11)

Defendants. 21-DAY DEADLINE On November 18, 2019, Plaintiff Jose Arteaga filed a motion to proceed in forma pauperis (IFP). (Doc. 11.) The Inmate Statement Report included with his motion indicates that, as of September 19, 2019, Plaintiff had $1,186.72 in his inmate trust account. (Id. at 9.) During the proceeding six months, Plaintiff had an average monthly balance of approximately $1,486. (See id.) 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 IFP, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed care must be employed to assure that federal funds are not squandered to underwrite, at public expense, either frivolous claims or the remonstrances of a suitor who is financially able, in whole or in material part, to pull his own oar.’” Doe v. Educ. Enrichment Sys., No. 15cv2628-MMA (MDD), 2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (quoting Temple v. Ellerthorpe, 586 F. Supp. 848, 850 (D.R.I. 1984)). Hence, “the court shall dismiss the case at any time if the court determines that the [plaintiff’s] allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). Here, it appears that Plaintiff has adequate funds to be required to pay the filing fee in full to proceed in this action. Accordingly, the Court ORDERS that, within 21 days of the date of service of this order, Plaintiff SHALL show cause why his motion to proceed in forma pauperis should not be denied, and why this action should not be dismissed without prejudice to refiling with prepayment of the filing fee. Failure to respond to this order will result in dismissal for failure to obey a court order. IT IS SO ORDERED.

Sheila K. Oberto Dated: November 25, 2019 /s/ . UNITED STATES MAGISTRATE JUDGE