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3
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3
minutes
3 - Set Ripe Deadline Link
Wed 01/08 11:45 AM
EO: Before the Court is Plaintiff's Application to Proceed In Forma Pauperis (IFP) by a Prisoner. ECF No. 2. The IFP statute provides that "any court of the United States may authorize the commencement... of any... action... without prepayment of fees or security therefor." 28 U.S.C. § 1915(a)(1). Even when a prisoner is granted IFP status, however, he is still required to pay "the full amount of a filing fee," just over time. Id. § 1915(b)(1). This is done by collecting an "initial partial filing fee" based on "the average monthly deposits to the prisoner's account" or "the average monthly balance in the prisoner's account" over a six-month term. Id. The remainder of the fee is collected in "monthly payments of 20 percent of the preceding month's income credited to the prisoner's account." Id. § 1915(b)(2). These payments are collected until the filing fee has been paid in full. Currently, the filing fee is $350.00. "The right to proceed in forma pauperis is not an unqualified one.... It is a privilege, rather than a right." Jefferson v. United States , 277 F.2d 723, 725 (9th Cir. 1960) (citation omitted). To obtain this privilege, the applicant must demonstrate an inability to pay. Laube v. Queen's Med. Ctr. , No. 19-CV-00423, 2019 WL 6619850, at *1 (D. Haw. Dec. 5, 2019). Relevant considerations include, among other things, an inmate's income, account balances, and account activity. Kaneakua v. Derr , No. CV 22-00158 2022 WL 1322570, at *1 (D. Haw. May 3, 2022). Thus, in evaluating an IFP application, courts may consider the applicant's "choices about how to spend his money, as between his filing fee and comforts purchased in the prison commissary." Olivares v. Marshall , 59 F.3d 109, 112 (9th Cir. 1995). Here, Plaintiff signed the Complaint on December 13, 2024, ECF No. 1, at PageID.11, asserting claims based on events that began in February 2023, id. at PageID.5. In the IFP application, a prison official certified that as of December 18, 2024, Plaintiff had $92.54 in his accounts. ECF No. 2, at PageID.15. Plaintiff's average monthly balance during the previous six months, however, totaled $424.19. Id. And Plaintiff's account statement shows that he spent $1,145.02 at the prison store between June 13, 2024, and December 5, 2024--that is, long after the underlying events alleged in this lawsuit had occurred. Id. at PageID.17-18. On the present record, the Court cannot ascertain what Plaintiff was spending his money on and, therefore, cannot determine whether Plaintiff should be granted IFP status. Based on the foregoing, Plaintiff is ORDERED to supplement his IFP application in writing on or before February 10, 2025, explaining why his IFP application should be granted. At a minimum, Plaintiff should provide details on his expenditures at the prison store and why those purchases were necessary. Alternatively, Plaintiff can either submit the $405.00 in fees associated with this action or voluntarily dismiss this action by February 10, 2025. If Plaintiff chooses to voluntarily dismiss this action, that dismissal will be without prejudice, and Plaintiff can commence another lawsuit before the statute of limitations has passed by paying the required fees or submitting a new IFP application showing an inability to pay. Plaintiff is cautioned, however, that failure to comply with these instructions may result in AUTOMATIC DISMISSAL of this suit without further notice. IT IS SO ORDERED. (JUDGE MICAH W.J. SMITH)
(rls) COURTS CERTIFICATE OF SERVICE - Non-Registered CM/ECF Participants have been served by First Class Mail to the addresses of record listed on the Notice of Electronic Filing (NEF). Pro Se (Non-Prisoner) Litigants that have consented to receive documents and Notices of Electronic Filings by email, have been served electronically at the e-mail address listed on the (NEF)
Related: [-]
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motion
Proceed In Forma Pauperis
Fri 01/03 5:28 PM