(PC)Ellis v. Brown ( 2021 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 BENJAMIN F. ELLIS, No. 2:21-cv-1635-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 R. BROWN, et al., 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding without counsel in an action brought under 42 18 U.S.C. § 1983. Plaintiff has filed an in forma pauperis application in which he states that he has 19 no cash. ECF No. 5 at 2. However, his attached inmate trust account statement reflects that he 20 has a balance of $5,417.99. Id. 21 The court may authorize the commencement of an action “without prepayment of fees or 22 security therefor” by an individual who submits an application evidencing an inability to pay such 23 fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff has made an inadequate showing of 24 indigency in the application before the court. It will therefore be recommended that the 25 application to proceed in forma pauperis be denied and that plaintiff be required to pay the 26 $402.00 before this action can proceed. 27 Accordingly, it is hereby ORDERED that the Clerk of the Court shall randomly assign a 28 United States District Judge to this action. 1 Further, it is RECOMMENDED that: 2 1. Plaintiff's motion for leave to proceed in forma pauperis, ECF No. 5, be DENIED. 3 2. Plaintiff be given thirty days from any order adopting this recommendation to pay the 4 || filing fee or face dismissal of the case. 5 These findings and recommendations are submitted to the United States District Judge 6 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 7 || after being served with these findings and recommendations, any party may file written 8 || objections with the court and serve a copy on all parties. Such a document should be captioned 9 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 10 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 11 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 12 || Dated: December 7, 2021. 13 tid, PDEA 14 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28