(PC) Rannels v. Smith et al
FINDINGS and RECOMMENDATIONS recommending that Plaintiff's Motion to Proceed In Forma Pauperis 2 be Denied; Plaintiff be required to pay the filing fee of $402.00 within 30 days of the assigned District Judge's adoption of these Findings and Recommendation re 2 Motion to Proceed In Forma Pauperis ; referred to Judge Unassigned DJ, signed by Magistrate Judge Sheila K. Oberto on 02/17/2021. (Objections to F&R due within 14-Day Deadline)(Martin-Gill, S)
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
DANIEL W. RANNELS,
SMITH, et al.,
Case No.: 1:21-cv-00049-SKO (PC)
FINDINGS AND RECOMMENDATIONS
TO DENY PLAINTIFF’S MOTION TO
PROCEED IN FORMA PAUPERIS
Clerk of the Court to assign a District Judge
On January 13, 2021, Plaintiff Daniel W. Rannels filed a motion to proceed in forma
pauperis (IFP). (Doc. 2.) The certified account statement submitted by the California Department
of Corrections and Rehabilitation indicates that, as of January 14, 2021, Plaintiff had $1,337.32 in
his inmate trust account. (Doc. 6.) This is more than enough to pay the filing fee of $402 in full.
Accordingly, on January 14, 2021, the Court ordered Plaintiff to show cause, within 21
days, why his motion to proceed IFP should not be denied. (Doc. 7.) Plaintiff has not responded
to the order, and the time to do so has passed.
As the Court explained in its order to show cause, 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, … 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. 2015) (citation
Plaintiff has sufficient funds in his inmate trust account to pay the filing fee in full.
Accordingly, the Court DIRECTS the Clerk of the Court to assign a district judge to this action
and RECOMMENDS that:
1. Plaintiff’s motion to proceed in forma pauperis (Doc. 2) be DENIED; and,
2. Plaintiff be required to pay the filing fee of $402 within 30 days of the assigned
district judge’s adoption of these findings and recommendations.
These findings and recommendations will be submitted to the United States District Judge
assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of the
date of service of these findings and recommendations, Plaintiff may file written objections with
the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and
Recommendations.” Plaintiff’s failure to file objections within the specified time may result in
waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing
Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
IT IS SO ORDERED.
February 17, 2021
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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