Ventress v. Castillo et al

Filing 3

ORDER TO SHOW CAUSE re 1 MOTION for Leave to Proceed In Forma Pauperis: Plaintiff shall provide the Court with a written explanation of the account statement and a more recent prison trust account statement. Plaintiff's written explanation and update trust account statement are due by 3/31/2017. Signed by Magistrate Judge Karen L Strombom. **2 PAGE(S), PRINT ALL**(Eric Ventress, Prisoner ID: 302982)(CMG)

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT TACOMA

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ERIC D. VENTRESS,
No. C17-5094 BHS-KLS
Plaintiff,
v.

ORDER TO SHOW CAUSE

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ELIAS O. CASTILLO, et al.,
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Defendants.

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This case has been referred to United States Magistrate Judge Karen L. Strombom

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pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. On February 7, 2017, plaintiff Eric

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D. Ventress filed an application for leave to proceed in forma pauperis (IFP). Dkt. 1. In his IFP

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application, plaintiff states that he makes $1.60 per hour in his prison employment, but has no
cash, checking or savings. Id., pp. 1, 2. The Department of Corrections’ account statement as of

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August 31, 2016 attached to the IFP application reflects that plaintiff has average monthly
receipts of $573.23 and an average spendable balance of $117.43. Id., p. 4.
The Court may permit indigent litigants to proceed in forma pauperis upon completion of

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a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the Court has broad

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discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d

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598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). Based on the information provided by

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plaintiff, the Court is unable to determine whether his IFP application should be granted.
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Accordingly, the Court ORDERS:

ORDER - 1

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(1)

Plaintiff shall provide the Court with a written explanation of the account

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statement reflecting that he has average monthly receipts of over $500.00. In addition, plaintiff

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shall provide the Court with a more recent prison trust account statement – one that covers

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transactions for the past six months. Plaintiff shall provide such written explanation and an

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updated prison trust account statement to the Court on or before March 31, 2017. Plaintiff’s
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failure to do so shall be deemed a failure to properly prosecute this matter and the Court will
recommend dismissal of this matter.
(2)

The Clerk is directed to send a copy of this Order to Plaintiff.

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DATED this 15th day of February, 2017.

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A

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Karen L. Strombom
United States Magistrate Judge

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ORDER - 2