Baker v. Kim

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 JAMALL S. BAKER, CASE NO. 2:25-cv-01028-JLR-GJL 11 Plaintiff, v. ORDER TO SHOW CAUSE OR 12 PAY $405.00 FILING FEE KIM, Defendant.

15 This prisoner civil rights action has been referred to United States Magistrate Judge Grady J. Leupold. Plaintiff Jamall S. Baker, proceeding pro se, initiated this action by filing an Application to Proceed In Forma Pauperis (“IFP”), a summary of his Prison Trust Account Statement, and Proposed civil rights Complaint. Dkts. 5, 5-1, 5-3. Upon review of his IFP Application and supporting materials, the Court finds that Plaintiff can afford the $405.00 filing fee. Thus, before he may proceed in this action, Plaintiff must either pay the filing fee or provide an explanation of why he cannot.

22 The right to proceed in forma pauperis is not absolute. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). Rather, proceeding in forma pauperis is a matter within the sound discretion of the trial court in civil actions. Weller v. Dickson, 314 F.2d 598, 600 (9th Cir. 1963), cert. denied 375 U.S. 845 (1963). In his IFP Application, Plaintiff states that he has $350.00 cash on hand and is currently employed with a net monthly salary of $160.00. Dkt. 5 at 1–2. In addition, the summary of Plaintiff’s Prison Trust Account Statement shows that his average monthly receipts are $756.67, and the average spendable balance in his account is $369.57. Dkt. 5-3.

6 Based on the information provided, the Court finds that Plaintiff can afford to pay the $405.00 filing fee. Accordingly, Plaintiff is ORDERED to accomplish one of the following on or before July 17, 2025: 9 1. SHOW CAUSE why his IFP Application should not be DENIED based on his ability to pay; or 2. Pay the $405.00 filing fee.

Plaintiff is ADVISED that failure to show cause or pay filing fee by the stated deadline shall be deemed a failure to properly prosecute this matter and MAY result in a recommendation this action be DISMISSED.

Dated this 17th day of June, 2025.

A Grady J. Leupold United States Magistrate Judge