(PC) Ashanti v. California Health Care Facility ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ASKIA SANKOFA ASHANTI, formerly No. 2:21-CV-0516-TLN-DMC-P known as Lorenzo Renell Cunningham, 12 Plaintiff, FINDINGS AND RECOMMENDATIONS 13 v. 14 CALIFORNIA HEALTH CARE 15 FACILITY, et al., 16 Defendants. 17 18 Plaintiff, a prisoner proceeding pro se, brings this civil rights action pursuant to 42 19 U.S.C. § 1983. Pending before the Court is Plaintiff’s motion for leave to proceed in forma 20 pauperis, ECF No. 12. 21 The Court finds that Plaintiff has not made the showing required by 28 U.S.C. 22 § 1915(a). Specifically, a review of Plaintiff’s inmate trust account statement reflects that, as of 23 September 14, 2021, Plaintiff has $1,175.42 in available funds. See ECF No. 15. Plaintiff is thus 24 able to pre-pay the filing fees for this case. 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that: 2 1. Plaintiff's motion for in forma pauperis status, ECF No. 12, be denied; and 3 2. Plaintiff be directed to pay the filing fees in full. 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 18, 2021 Ssvcqo_ DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28