Jacobs v. CDCR

Filing 5

ORDER to SHOW CAUSE why the case should not be dismissed because of plaintiff's untrue allegation of poverty in filing for 2 In Forma Pauperis Status, signed by Magistrate Judge Sheila K. Oberto on 12/8/17. Show Cause Response due (21-Day Deadline) (Martin-Gill, S)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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Case No. 1:17-cv-01599-SKO (PC)
GEORGE E. JACOBS,

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Plaintiff,

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v.

ORDER TO SHOW CAUSE WHY THE CASE
SHOULD NOT BE DISMISSED BECAUSE OF
PLAINTIFF’S UNTRUE ALLEGATION OF
POVERTY IN FILING FOR IN FORMA
PAUPERIS STATUS

CDCR,
(Doc. 2)
Defendant.
TWENTY-ONE (21) DAY DEADLINE

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Plaintiff, George Jacobs, is a state prisoner 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, Plaintiff filed a motion to proceed in forma pauperis. (Doc. 2.) Upon review,
Plaintiff’s trust account reflects an increase from ten-thousand dollars ($10,000.00) to over thirtysix-thousand dollars ($36,000.00) in the months prior to the date that he filed this action.
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. Dec. 30, 2015) (citing Temple v. Ellerthorpe, 586 F.

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Supp. 848, 850 (D.R.I. 1984)). “[T]he court shall dismiss the case at any time if the court

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determines the allegation of poverty is untrue.” 28 U.S.C. § 1915(e)(2)(A). Plaintiff clearly was

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not impoverished when he filed this action and his motion to proceed in forma pauperis.
Accordingly, it is HEREBY ORDERD to that within twenty-one (21) days of the date

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of service of this order, Plaintiff shall show cause why his in forma pauperis status should not be

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denied and this action dismissed without prejudice to refiling with prepayment of the filing fee.

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Alternatively, Plaintiff may file a notice of voluntary dismissal.

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IT IS SO ORDERED.
Dated:

December 8, 2017

/s/

Sheila K. Oberto

UNITED STATES MAGISTRATE JUDGE

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