Jones v. Ferguson

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT TACOMA 10 BARTHOLOMEW L. JONES, CASE NO. 3:25-cv-05678-JHC-DWC 11 Plaintiff, v. ORDER TO SHOW CAUSE BOB FERGUSON, et al., Defendants.

15 This action filed pursuant to 42 U.S.C § 1983 has been referred to United States Magistrate Judge David W. Christel. Plaintiff Bartholomew L. Jones, proceeding pro se, filed a motion to proceed in forma pauperis (“IFP”), a letter discussing his financial situation, and a proposed civil rights complaint. Dkts. 4, 4-1.

19 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). Here, Plaintiff states he has $180 cash on hand and a bank account containing approximately $20,000 in settlement funds. Dkt. 4 at 1–3. Plaintiff also states he does not have direct control over his finances, including the bank account containing his settlement funds. Id. at 1. However, this circumstance does not impact Plaintiff’s ability to afford the filing fee.

3 Based on the information supplied, the Court concludes Plaintiff can afford to pay the $405.00 filing fee. Accordingly, if he intends to proceed in this action, Plaintiff must accomplish one of the following on or before September 26, 2025: 6 a. Show cause why the IFP motion (Dkt. 4) should not be denied; or 7 b. Pay the $405.00 filing fee.

8 Failure to show cause or pay the stated amount shall be deemed a failure to properly prosecute and may result in a recommendation this action be dismissed.

10 Dated this 27th day of August, 2025.

A David W. Christel United States Magistrate Judge