Summary
The United States District Court for the Eastern District of California recommends denying Javaris Davis’s application to proceed in forma pauperis in his prisoner civil rights action. The court found that Davis failed to provide the information required regarding other sources of money and had sufficient funds to prepay the $405 filing fee. The findings and recommendations also recommend ordering Davis to pay the filing fee within 30 days, subject to a 14-day objection period.
Topics
Practice areas
Questions Presented
- Whether Plaintiff's incomplete response to the in forma pauperis application justified denying him leave to proceed in forma pauperis.
- Whether Plaintiff had sufficient funds to pay the full $405 filing fee and therefore should be ordered to prepay it.
Holdings
- The court recommended denying Plaintiff's application to proceed in forma pauperis because his application remained incomplete and the information available showed that he had sufficient funds to pay the full filing fee.
Key quotations
“A court need not authorize a party to proceed in forma pauperis where that individual had the funds to pay the filing fee, but subsequently chose to spend them elsewhere” (at 2)
“Therefore, the Court will recommend Plaintiff’s IFP application be denied and that he be ordered to pay the $405 filing fee for this action within 30 days.” (at 3)
Factual background
Javaris Davis, a federal prisoner, filed an in forma pauperis application stating that he had received money from other sources but did not identify the sources, amounts, or whether he expected to continue receiving the funds. After being ordered to provide that information, he responded that supporters had given him small amounts for hygiene items or coffee, without supplying the required details. The court noted that his trust-account balance was $526.28 and concluded that he had sufficient funds to prepay the $405 filing fee while retaining money for incidental personal or commissary expenses.
Procedural history
Plaintiff filed an application to proceed in forma pauperis. After the court ordered him to complete the portion of the application concerning money received from other sources, and issued an order to show cause when he failed to respond, the court issued findings and recommendations to dismiss for failure to obey a court order and prosecute. Plaintiff then filed a response explaining that his mail had been delayed and supplied an additional answer, but the magistrate judge found the response incomplete and recommended denial of in forma pauperis status and payment of the full filing fee.
Remand instructions
The findings and recommendations were submitted to the assigned district judge for review. The recommendation was that Plaintiff be denied in forma pauperis status and ordered to pay the $405 filing fee in full within 30 days.