Bell v. Arnold

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 JUSTIN DOMONIC BELL, CASE NO. 2:25-cv-01320-BHS-GJL 11 Petitioner, v. ORDER TO SHOW CAUSE OR 12 PAY FILING FEE KAREN ARNOLD, Respondent.

15 This 28 U.S.C. § 2254 habeas action has been referred to United States Magistrate Judge Grady J. Leupold. Petitioner Justin Bell, 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 federal habeas Petition. Dkts. 1, 5. Upon review of his IFP Application and supporting materials, the Court finds that Petitioner can afford the $5.00 filing fee. Thus, before he may proceed in this action, Petitioner must either pay the filing fee or provide an explanation of why he cannot.

22 The right to proceed IFP is not absolute. O’Loughlin v. Doe, 920 F.2d 614, 616 (9th Cir. 1990). Rather, proceeding IFP 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, Petitioner states that he has $31.00 cash on hand, and the summary of his Prison Trust Account Statement shows a current balance of $384.01. Dkt. 5 at 3, 5.

5 Based on the information provided, the Court finds that Petitioner can afford to pay the $5.00 filing fee. Accordingly, Petitioner is ORDERED to accomplish one of the following on or before September 8, 2025: 8 1. SHOW CAUSE why his IFP Application should not be DENIED based on his ability to pay; or 2. Pay the $5.00 filing fee.

Petitioner 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 7th day of August, 2025.

16 A Grady J. Leupold 18 United States Magistrate Judge