(PC) Gore v. Newsom

Filing 9

ORDER signed by Magistrate Judge Dennis M. Cota on 7/14/2021 GRANTING #3 Motion to Proceed IFP. (Henshaw, R)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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SAMUEL LEE GORE,

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No. 2:21-CV-1189-DMC-P

Plaintiff,

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v.

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ORDER

GAVIN NEWSOM,

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Defendant.

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Plaintiff, a prisoner proceeding pro se, brings this civil rights action under 42 U.S.C.

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§ 1983. Before the Court is Plaintiff’s motion to proceed in forma pauperis. ECF No. 3. Plaintiff

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has submitted a declaration that makes the showing required under 28 U.S.C. § 1915(a).

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The Court notes that Plaintiff’s trust account indicates that he has $930.90 in his

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account, that Plaintiff is employed in prison and receives monthly deposits,1 and that Plaintiff

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concedes that he receives $1,200 a month in retirement benefit. ECF Nos. 3 at 1–2; 8 at 1. Plaintiff,

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however, avers that his retired wife depends upon Plaintiff’s income to meet all of her expenses.

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See ECF No. 3 at 2. According to Plaintiff, he sends his wife everything that he earns. Id. On the

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whole, then, considering guiding case law and Plaintiff’s contentions, the Court concludes that

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Plaintiff has satisfied 28 U.S.C. § 1915(a).

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Plaintiff earns pay at a rate of eighty cents an hour. ECF No. 3 at 1. Plaintiff’s trust account reflects monthly income.
ECF No. 8 at 1. Deposits into Plaintiff’s account over the last few months have commonly approached or exceeded
$150. Id.

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Considering all of the above, Plaintiff’s motion to proceed in forma pauperis is

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GRANTED.
IT IS SO ORDERED.

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Dated: July 14, 2021
____________________________________
DENNIS M. COTA
UNITED STATES MAGISTRATE JUDGE

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