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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1 2 3 4 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 5 6 7 8 ERIC D. VENTRESS, No. C17-5094 BHS-KLS Plaintiff, v. ORDER TO SHOW CAUSE 9 ELIAS O. CASTILLO, et al., 10 Defendants. 11 12 This case has been referred to United States Magistrate Judge Karen L. Strombom 13 pursuant to 28 U.S.C. § 636(b)(1) and Local MJR 3 and 4. On February 7, 2017, plaintiff Eric 14 D. Ventress filed an application for leave to proceed in forma pauperis (IFP). Dkt. 1. In his IFP 15 16 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 17 18 19 20 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 21 a proper affidavit of indigency. See 28 U.S.C. § 1915(a). However, the Court has broad 22 discretion in denying an application to proceed in forma pauperis. Weller v. Dickson, 314 F.2d 23 598 (9th Cir. 1963), cert. denied, 375 U.S. 845 (1963). Based on the information provided by 24 plaintiff, the Court is unable to determine whether his IFP application should be granted. 25 26 Accordingly, the Court ORDERS: ORDER - 1 1 (1) Plaintiff shall provide the Court with a written explanation of the account 2 statement reflecting that he has average monthly receipts of over $500.00. In addition, plaintiff 3 shall provide the Court with a more recent prison trust account statement – one that covers 4 transactions for the past six months. Plaintiff shall provide such written explanation and an 5 updated prison trust account statement to the Court on or before March 31, 2017. Plaintiff’s 6 7 8 9 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. 10 11 DATED this 15th day of February, 2017. 12 13 A 14 Karen L. Strombom United States Magistrate Judge 15 16 17 18 19 20 21 22 23 24 25 26 ORDER - 2

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