Lee v. Matevousian

Filing 7

ORDER to SHOW CAUSE Why Plaintiff's In Forma Pauperis Status Should Not be Revoked, signed by Magistrate Judge Jennifer L. Thurston on 4/26/18. Show Cause Response Due Within Twenty One Days. (Marrujo, C)

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UNITED STATES DISTRICT COURT

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EASTERN DISTRICT OF CALIFORNIA

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MARIO ANTON LEE,

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Plaintiff,
v.
MATEVOUSIAN,
Defendant.

Case No. 1:18-cv-00278-JLT (PC)
ORDER TO SHOW CAUSE WHY PLAINTIFF’S
IN FORMA PAUPERIS STATUS SHOULD NOT
BE REVOKED
(Docs. 2, 4)
21-DAY DEADLINE

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The Court granted the plaintiff’s motion to proceed in forma pauperis. (See Docs. 2, 4.)
Upon review, it does not appear that Plaintiff meets the poverty requirements to proceed in forma
pauperis. Instead, Plaintiff’s motion indicates that his national six-month deposits totaled over
$900 and his national six-month withdrawals totaled over $1,000, with an average daily balance
of nearly $200. (Doc. 2, pp. 4-6.)
Proceeding “in forma pauperis is a privilege not a right.” Smart v. Heinze, 347 F.2d 114,

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116 (9th Cir. 1965). Though a party need not be completely destitute to proceed IFP, Adkins v.

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E.I. DuPont de Nemours & Co., 335 U.S. 331, 339-40 (1948), “the same even-handed care must

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be employed to assure that federal funds are not squandered to underwrite, at public expense,

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either frivolous claims or the remonstrances of a suitor who is financially able, in whole or in

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material part, to pull his own oar.” Doe v. Educ. Enrichment Sys., No. 15cv2628-MMA (MDD),

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2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. Dec. 30, 2015) (citing Temple v. Ellerthorpe, 586

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F. 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). It appears that

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Plaintiff has had sufficient funds over the last several months to be required to pay the filing fee

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in full to proceed in this action.

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Accordingly, within 21 days of the date of service of this order, Plaintiff SHALL show

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cause why his in forma pauperis status should not be revoked and this action dismissed without

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prejudice to refiling with prepayment of the filing fee; alternatively, within the same 21-day

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deadline, Plaintiff may pay the filing fee or file a notice of voluntary dismissal.

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IT IS SO ORDERED.
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Dated:

April 26, 2018

/s/ Jennifer L. Thurston
UNITED STATES MAGISTRATE JUDGE

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