(PC)Milliken v. Alfaro ( 2020 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 JAMES M. MILLIKEN, 1:20-cv-00963-NONE-GSA-PC 12 FINDINGS AND RECOMMENDATIONS, 13 Plaintiff, RECOMMENDING THAT PLAINTIFF’S MOTION TO PROCEED IN FORMA 14 vs. PAUPERIS BE DENIED AND THAT PLAINTIFF BE REQUIRED TO PAY 15 S. ALFARO, et al., THE $400.00 FILING FEE FOR THIS CASE IN FULL 16 Defendants. (ECF Nos. 10, 11.) 17 OBJECTIONS, IF ANY, DUE IN 14 DAYS 18 19 I. FINDINGS 20 James M. Milliken (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 21 action pursuant to 42 U.S.C. § 1983. On July 6, 2020, Plaintiff filed the Complaint commencing 22 this action. (ECF No. 1.) 23 On September 14, 2020, Plaintiff filed a motion to proceed in forma pauperis along with 24 a certified copy of his prison trust account statement, pursuant to 28 U.S.C. § 1915. (ECF Nos. 25 10, 11.) Plaintiff’s prison trust account statement shows that on September 2, 2020, he had a 26 balance of $1,644.87 in the account, and his average monthly balance during the past six months 27 was $3,164.41. (ECF No. 10 at 3.) Under these facts the court finds that Plaintiff can afford the 28 $400.00 filing fee for this action. Therefore, Plaintiff’s motion to proceed in forma pauperis 1 should be denied and Plaintiff required to pay the statutory filing fee of $400.00 for this action 2 in full. 3 Plaintiff claims that he has made multiple attempts to pay the $400.00 filing fee for this 4 case, but all requests were denied. He asserts that he requested assistance from his correctional 5 counselor, the law library, and the litigation coordinator, without success. Plaintiff claims that 6 he does not know why he is not being permitted to pay the filing fee. 7 II. RECOMMENDATIONS AND CONCLUSION 8 Based on the foregoing, IT IS HEREBY RECOMMENDED that: 9 1. Plaintiff’s motion to proceed in forma pauperis, filed on September 14, 2020, be 10 DENIED; 11 2. Plaintiff be required to pay the $400.00 filing fee for this action in full within 30 12 days; and 13 3. Plaintiff be advised to show the court’s order to his correctional counselor and 14 follow the procedures required at the prison to arrange for payment of the filing 15 fee to the court. 16 These findings and recommendations are submitted to the United States District Judge 17 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). Within fourteen 18 (14) days after the date of service of these findings and recommendations, Plaintiff may file 19 written objections with the court. Such a document should be captioned “Objections to 20 Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 21 objections within the specified time may waive the right to appeal the District Court’s order. 22 Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 23 IT IS SO ORDERED. 24 25 Dated: September 21, 2020 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 26 27 28