(PC)Woods v. Taylor et al

1:25-cv-01449Caed20.11.2025

Gesamter Gesetzestext

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UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF CALIFORNIA
RICHARD WOODS,
Plaintiff,
v.
T. TAYLOR, et al.,
Defendants.
Case No.: 1:25-cv-01449-SKO
ORDER DIRECTING PLAINTIFF TO
PROVIDE AN INMATE TRUST ACCOUNT
STATEMENT WITHIN 14 DAYS
Plaintiff Richard Woods is appearing pro se in this civil rights action.
I. INTRODUCTION
On October 31, 2025, the Court issued its Order to Submit Application to Proceed In
Forma Pauperis or Pay Filing Fee Within 45 Days. (Doc. 3.) On November 18, 2025, Plaintiff
filed Application to Proceed In Forma Pauperis (IFP) by a Prisoner. (Doc. 5.)
II. DISCUSSION
A review of Plaintiff’s IFP application reveals it is incomplete. Page two of the IFP
application requires the “Certificate” portion “To be completed by the institution of
incarceration” and that a trust account statement be attached. Plaintiff’s application includes a
certification from FCI Mendota Case Manager A. Carasco that Plaintiff had “the sum of $ 0.28”
on his account on November 12, 2025, and certifies that Plaintiff’s “average monthly balance”
and “average monthly deposits” were “$ 492.37” during the previous six months. However, “a
Case 1:25-cv-01449-KES-EGC Document 6 Filed 11/20/25 Page 1 of 2
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certified copy of applicant’s trust account statement showing transactions for the past six months”
was not attached. (See Doc. 5 at 2.)
As indicated in the Certificate portion of the IFP application, Case Manager Carasco
certified that at various times in the past six months Plaintiff’s monthly balance and deposits
amounted to more than $490--a sum greater than the applicable filing fee. However, without a
certified copy of Plaintiff’s trust account statement “showing transactions for the past six
months,” the Court cannot determine whether a grant of IFP status is appropriate despite the 28-
cent balance in Plaintiff’s account on November 12. Courts may take into consideration deposits
and purchases in determining whether an individual should be granted IFP status. Olivares v.
Marshall, 59 F.3d 109, 112 (9th Cir. 1995) (citation omitted) (courts are entitled to consider
plaintiffs’ “economic choices about how to spend [their] money” when considering applications
to proceed IFP); see also Lumbert v. Illinois Dep’t of Corr., 827 F.2d 257, 260 (7th Cir. 1987)
(“If the inmate thinks that a more worthwhile use of his funds would be to buy peanuts and candy
. . . than to file a civil rights suit, he has demonstrated an implied evaluation of the suit that the
district court is entitled to honor”); see also Owens v. Schultz, No. 1:24-cv-00820-SKO, 2024 WL
3722881, at *1-2 (E.D. Cal. July 19, 2024) (directing plaintiff to “explain the sixteen JPAY
[deposits] entries appearing on his Inmate Statement Report”).
III. CONCLUSION AND ORDER
Accordingly, the Court HEREBY ORDERS Plaintiff to submit an inmate trust account
statement for the previous six months within fourteen (14) days of the date of service of this
order.
Plaintiff is advised that a failure to provide the inmate trust account statement will
result in a recommendation that this action be dismissed without prejudice for a failure to
comply with Court orders.
IT IS SO ORDERED.
Dated: November 20, 2025 /s/ Sheila K. Oberto .
UNITED STATES MAGISTRATE JUDGE
Case 1:25-cv-01449-KES-EGC Document 6 Filed 11/20/25 Page 2 of 2

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