(PC)Hill v. Green ( 2021 )

1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON V. HILL, No. 2:21-CV-2077-WBS-DMC-P 12 Plaintiff, 13 v. ORDER 14 GREEN, 15 Defendant. 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, ECF No. 7, for leave to 19 proceed in forma pauperis. 20 Plaintiff has not submitted a declaration that makes the showing of indigency 21 required by 28 U.S.C. § 1915(a). In particular, a review of Plaintiff’s inmate trust account 22 statement, ECF No. 9, reflects that Plaintiff has $3,934.17 in available funds, which is sufficient 23 to pre-pay the filing fees for this case. 24 / / / 25 / / / 26 / / / 27 / / / 28 / / / 1 Based on the foregoing, the undersigned recommends that Plaintiff's motion, ECF 2 | No. 7, for leave to proceed in forma pauperis be denied and that this action be dismissed without 3 | prejudice to refiling upon pre-payments of the filing fees therefor. 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: December 1, 2021 Ssvcqo_ 12 DENNIS M. COTA 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28