Robert Smyth v. Yeon Lee, M.D.

Smyth v. Lee · United States District Court for the Eastern District of California · September 30, 2025 · No. 1:25-cv-01285-BAM (PC)

Summary

The court orders the Clerk to randomly assign a district judge and recommends denying Robert Smyth’s motion to proceed in forma pauperis. The recommendation is based on Plaintiff’s substantial inmate trust-account balance and his stated ability to pay, and directs him to pay the $405.00 initial filing fee, subject to a fourteen-day objection period.

Questions Presented

  1. Whether Plaintiff should be permitted to proceed in forma pauperis based on the balance in his prison trust account and his stated ability and willingness to pay the filing fee.
  2. Whether Plaintiff should be required to pay the $405.00 initial filing fee to proceed with the action.

Disposition

other

Cases Cited (2)

  • Wilkerson v. Wheeler, 772 F.3d 834, 838–39 (9th Cir. 2014)(followed)
  • Baxter v. Sullivan, 923 F.2d 1391, 1394 (9th Cir. 1991)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

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