Jacobs v. CDCR

Filing 11

ORDER GRANTING Plaintiff's Motion to Withdraw Application to Proceed in Forma Pauperis 2 , 10 , signed by Magistrate Judge Sheila K. Oberto on 1/24/2018. (Hellings, J)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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GEORGE E. JACOBS,
Plaintiff,

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v.
California Department of Corrections
and Rehabilitation,

Case No. 1:17-cv-01599-DAD-SKO (PC)
ORDER GRANTING PLAINTIFF’S MOTION TO
WITHDRAW APPLICATION TO PROCEED IN
FORMA PAUPERIS
(Docs. 2, 10)

Defendant.

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Plaintiff, George E. Jacobs, is a state prisoner in the custody of the California Department
of Corrections and Rehabilitation (“CDCR”), proceeding pro se in this civil rights action pursuant
to 42 U.S.C. § 1983, which he filed on December 4, 2017. (Doc. 1.) Along with the Complaint,

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Plaintiff filed an application to proceed in forma pauperis (“IFP”). (Doc. 2.) Plaintiff’s

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application contained certification from the Substance Abuse and Treatment Facility (“SATF”) as

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well as a copy of Plaintiff’s CDCR trust account statement. (Id.) Upon review, Plaintiff’s trust

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account reflects an increase from ten-thousand dollars ($10,000.00) to over thirty-six-thousand

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dollars ($36,000.00) in the months prior to the date that he filed this action.

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On December 11, 2017, an order issued for Plaintiff to show cause (“OSC”) within

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twenty-one (21) days why this action should not be dismissed based on his untrue poverty

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allegation in his IFP application. (Doc. 5.) Plaintiff filed a timely response. (Doc. 7.) The Court

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accepted Plaintiff’s explanation. The OSC was discharged and Plaintiff paid the $400.00 filing

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fee in full on January 16, 2018. On January 22, 2018, Plaintiff filed a statement withdrawing his

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application to proceed in forma pauperis. (Doc. 10.) Since Plaintiff does not qualify for in forma

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pauperis status in this action, withdrawal of his application is appropriate.
Accordingly, it is HEREBY ORDERED that Plaintiff’s statement withdrawing his

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application to proceed in forma pauperis, filed January 22, 2018, (Doc. 10), is GRANTED and

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his application to proceed in forma pauperis, filed on December 24, 2018, (Doc. 2), is deemed

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WITHDRAWN.

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IT IS SO ORDERED.
Dated:

January 24, 2018

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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