(PC) Rannels v. Smith et al
Filing
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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)
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UNITED STATES DISTRICT COURT
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EASTERN DISTRICT OF CALIFORNIA
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DANIEL W. RANNELS,
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Plaintiff,
v.
SMITH, et al.,
Case No.: 1:21-cv-00049-SKO (PC)
FINDINGS AND RECOMMENDATIONS
TO DENY PLAINTIFF’S MOTION TO
PROCEED IN FORMA PAUPERIS
(Doc. 2)
Defendants.
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14-DAY DEADLINE
Clerk of the Court to assign a District Judge
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On January 13, 2021, Plaintiff Daniel W. Rannels filed a motion to proceed in forma
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pauperis (IFP). (Doc. 2.) The certified account statement submitted by the California Department
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of Corrections and Rehabilitation indicates that, as of January 14, 2021, Plaintiff had $1,337.32 in
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his inmate trust account. (Doc. 6.) This is more than enough to pay the filing fee of $402 in full.
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Accordingly, on January 14, 2021, the Court ordered Plaintiff to show cause, within 21
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days, why his motion to proceed IFP should not be denied. (Doc. 7.) Plaintiff has not responded
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to the order, and the time to do so has passed.
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As the Court explained in its order to show cause, proceeding “in forma pauperis is a
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privilege not a right.” Smart v. Heinze, 347 F.2d 114, 116 (9th Cir. 1965). While a party need not
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be completely destitute to proceed IFP, Adkins v. E.I. DuPont de Nemours & Co., 335 U.S. 331,
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339-40 (1948), “‘the same even-handed care must be employed to assure that federal funds are
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not squandered to underwrite, at public expense, … the remonstrances of a suitor who is
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financially able, in whole or in material part, to pull his own oar.’” Doe v. Educ. Enrichment Sys.,
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No. 15cv2628-MMA-MDD, 2015 U.S. Dist. LEXIS 173063, *2 (S.D. Cal. 2015) (citation
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omitted).
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Plaintiff has sufficient funds in his inmate trust account to pay the filing fee in full.
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Accordingly, the Court DIRECTS the Clerk of the Court to assign a district judge to this action
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and RECOMMENDS that:
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1. Plaintiff’s motion to proceed in forma pauperis (Doc. 2) be DENIED; and,
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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.
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These findings and recommendations will be submitted to the United States District Judge
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assigned to this case, pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within 14 days of the
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date of service of these findings and recommendations, Plaintiff may file written objections with
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the Court. The document should be captioned, “Objections to Magistrate Judge’s Findings and
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Recommendations.” Plaintiff’s failure to file objections within the specified time may result in
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waiver of his rights on appeal. Wilkerson v. Wheeler, 772 F.3d 834, 839 (9th Cir. 2014) (citing
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Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)).
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IT IS SO ORDERED.
Dated:
February 17, 2021
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
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