(PC) Arteaga v. Neve, 1:19-cv-01001

Plaintiff Jose Arteaga, a state prisoner, filed this pro se civil-rights action under 42 U.S.C. § 1983 and moved to proceed in forma pauperis (IFP) on November 18, 2019.
Plaintiff’s inmate trust account statement (as of Sept. 19, 2019) showed $1,186.72 on hand and an average monthly balance of about $1,486 over the prior six months.
The magistrate judge issued an order to show cause why the IFP motion should not be denied because the account balances indicated adequate funds to pay the $400 filing fee.
Plaintiff responded, did not dispute his ability to pay, explained he mistakenly believed all prisoners must file IFP applications, and described efforts to pay and a request for an extension.
The magistrate judge recommended denying IFP and ordering payment of the $400 filing fee within 30 days; the recommendation was served and no objections were filed.
The district court conducted a de novo review, adopted the magistrate judge’s findings and recommendations, denied IFP, and ordered Arteaga to pay the full $400 filing fee within 30 days or face dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Arteaga may proceed IFP despite reported account balances	Arteaga said he mistakenly filed IFP and described efforts/need for extension; did not dispute account balances	Court/magistrate: account balances show adequate funds; IFP not warranted	IFP denied; Arteaga must pay $400 within 30 days or case will be dismissed