(PC) Owens v. Banuelos ( 2019 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 THEON OWENS, No. 2:19-CV-1683-MCE-DMC-P 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 D. BANUELOS, et al., 15 Defendants. 16 17 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 18 42 U.S.C. § 1983. Pending before the court is plaintiff’s motion for leave to proceed in forma 19 pauperis (ECF No. 7). 20 Plaintiff has not made the showing required by 28 U.S.C. § 1915(a). Specifically, 21 plaintiff’s prison trust account statement indicates he currently has $2,300.66 on account. See 22 ECF No. 6. Therefore, plaintiff’s declaration fails to demonstrate that he is unable to pay the 23 filing fees. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that plaintiff's motion for 2 | leave to proceed in forma pauperis (ECF No. 7) be denied and that plaintiff be required to pay the 3 | filing fees in full before this action may proceed. 4 These findings and recommendations are submitted to the United States District 5 | Judge assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(). Within 14 days 6 | after being served with these findings and recommendations, any party may file written objections 7 | with the court. Responses to objections shall be filed within 14 days after service of objections. 8 | Failure to file objections within the specified time may waive the right to appeal. See Martinez v. 9 | Yist, 951 F.2d 1153 (9th Cir. 1991). 10 11 Dated: October 30, 2019 Ssvcqo_ 2 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28