(PC) Porter v. Yang

• Court: District Court, E.D. California
• Decided: March 19, 2025
• Docket: 1:25-cv-00311
• Status: Unknown

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LARRY JAMES PORTER, No. 1:25-cv-00311 GSA (PC) 12 Plaintiff, ORDER VACATING ORDER DIRECTING PLAINTIFF TO FILE EITHER AN IN 13 v. FORMA PAUPERIS APPLICATION OR TO PAY FILING FEE IN FULL 14 L. YANG, et al., (See ECF No. 6) 15 Defendants. ORDER DIRECTING PLAINTIFF SHOW 16 CAUSE WHY HE SHOULD NOT BE REQUIRED TO PAY THE FILING FEE IN 17 FULL PRIOR TO PROCEEDING WITH THIS ACTION 18 (See 28 U.S.C. § 1914(a), (c)) 19 PLAINTIFF’S SHOWING OF CAUSE OR, IN 20 THE ALTERNATIVE, PAYMENT OF THE FILING FEE IN FULL DUE IN FOURTEEN 21 DAYS 22 23 Plaintiff, a state prisoner proceeding pro se, has filed this civil rights action seeking relief 24 under 42 U.S.C. § 1983. The matter was referred to a United States Magistrate Judge pursuant to 25 28 U.S.C. § 636(b)(1)(B) and Local Rule 302. 26 On March 17, the Court ordered Plaintiff’ either to pay the filing fee in full or to file an 27 application to proceed in forma pauperis. ECF No. 6. For the reasons stated below, the Court’s 28 order will be vacated, and instead Plaintiff will be ordered to show cause why he should not be 1 required to pay the filing fee in full. As an alternative to filing the showing of cause, Plaintiff 2 may pay the filing fee in full. Plaintiff will be given fourteen days to take either course of action. 3 I. RELEVANT FACTS 4 On March 17, 2025, the Court issued an order which directed Plaintiff either to submit an 5 application to proceed in forma pauperis or to pay the filing fee in full. ECF No. 6. Upon closer 6 review of the docket in this matter, it indicates that a copy of Plaintiff’s six-month prison trust 7 fund account statement was docketed along with his complaint. See ECF No. 2. The trust 8 account statement indicates that as of March 6, 2025, Plaintiff had $3066.27 in it. See ECF No. 2 9 at 3 (trust account statement). 10 II. DISCUSSION 11 A. Applicable Law 12 In order to commence an action, Plaintiff must file a complaint as required by Rule 3 of 13 the Federal Rules of Civil Procedure and must either pay both the $350.00 filing fee and the 14 $52.00 administrative fee for a civil action or, file an application requesting leave to proceed in 15 forma pauperis. See 28 U.S.C. §§ 1914(a), 1915(a). The Court may authorize the 16 commencement of an action “without prepayment of fees and costs or security therefor, by a 17 person who submits an affidavit . . . that [he] is unable to pay such fee or give security therefor.” 18 28 U.S.C. § 1915(a). 19 B. Analysis 20 The Court finds that the $3066.27 amount in Plaintiff’s trust account establishes that 21 Plaintiff is able to pay the $402.00 filing fee and costs. Thus, Plaintiff has made an inadequate 22 showing of indigency. See Olivares v. Marshall, 59 F.3d 109, 112 (9th Cir. 1995); Alexander v. 23 Carson Adult High Sch., 9 F.3d 1448, 1449 (9th Cir. 1993). Consequently, the Court’s order 24 which directed Plaintiff either to pay the filing fee in full or to file an application to proceed in 25 forma pauperis (ECF No. 6) will be vacated. Instead, Plaintiff will be ordered to show cause why 26 he should not be required to pay the $402.00 filing fee in full prior to proceeding with this action. 27 As an alternative to filing the showing of cause, Plaintiff may pay the filing fee in full. Plaintiff 28 will be given fourteen days to take either course of action. 1 Accordingly, IT IS HEREBY ORDERED that: 2 1. The Court’s March 17, 2025, order which directed Plaintiff either to submit an in 3 forma pauperis application or to pay the filing fee in full (see ECF No. 6), is VACATED; 4 2. Plaintiff is ordered to SHOW CAUSE why he should not be required to pay the filing 5 fee in full prior to proceeding any further with this action; 6 3. As an ALTERNATIVE to filing the showing of cause, Plaintiff may pay the filing fee 7 in full. See 28 U.S.C. § 1914(a)-(c), and 8 4. Plaintiff shall have fourteen days to take either course of action. 9 Plaintiff is cautioned that failure to respond to this order within the time allotted 10 may result in a recommendation that this action be dismissed. 11 12 IT IS SO ORDERED. 13

14 Dated: March 18, 2025 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 15

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