(PC) Stevens v. Martinez

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 LYRALISA LAVENA STEVENS, Case No.: 1:21-cv-01144-SKO (PC) 12 Plaintiff, ORDER TO SHOW CAUSE WHY MOTION 13 v. TO PROCEED IN FORMA PAUPERIS SHOULD NOT BE DENIED 14 C. MARTINEZ, 21-DAY DEADLINE 15 Defendant. 16 17 Plaintiff Lyralisa Lavena Stevens initiated this action on July 22, 2021. (Doc. 1.) On that 18 same date, Plaintiff filed a motion to proceed in forma pauperis (“IFP”). (Doc. 2.) On July 29, 19 2021, Magistrate Judge Dennis M. Cota issued an order transferring this case to the Fresno 20 Division of the Eastern District of California. (Doc. 5.) The Court has not yet ruled on Plaintiff’s 21 motion to proceed IFP. 22 According to the certified account statement submitted by the California Department of 23 Corrections and Rehabilitation, Plaintiff had $1,418.42 in her trust account on the date she filed 24 her application to proceed IFP. (Doc. 4.) This is more than enough to pay the $402 filing fee in 25 this action. Therefore, Plaintiff must show why she is entitled to proceed in forma pauperis. 26 Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114, 27 116 (9th Cir. 1965). While a party need not be completely destitute to proceed in forma pauperis, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “‘the same even-handed 1 care must be employed to assure that federal funds are not squandered to underwrite, at public 2 expense, either frivolous claims or the remonstrances of a suitor who is financially able, in whole 3 or in material part, to pull his own oar,’” Doe v. Educ. Enrichment Sys., No. 15-cv-2628-MMA- 4 MDD, 2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (citation omitted). Hence, “the court 5 shall dismiss the case at any time if the court determines that the [plaintiff’s] allegation of poverty 6 is untrue.” 28 U.S.C. § 1915(e)(2)(A). 7 Plaintiff appears to have had adequate funds to pay the filing fee for this action when she 8 filed her motion to proceed in forma pauperis. Accordingly, the Court ORDERS Plaintiff, within 9 21 days of the date of service of this order, to show cause in writing why her motion to proceed 10 IFP should not be denied. Failure to respond to this order may result in a recommendation 11 that this action be dismissed for failure to obey a court order. 12 IT IS SO ORDERED. 13

14 Dated: August 2, 2021 /s/ Sheila K. Oberto . UNITED STATES MAGISTRATE JUDGE 15

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