Strohmaier v. Fresno VA ( 2021 )

1 2 3 4 5 6 7 UNITED STATES DISTRICT COURT 8 EASTERN DISTRICT OF CALIFORNIA 9 10 BRADFORD C. STROHMAIER, Case No. 1:21-cv-01746-NONE-EPG 11 Plaintiff, FINDINGS AND RECOMMENDATIONS RECOMMENDING THAT PLAINTIFF’S 12 v. APPLICATION TO PROCEED IN FORMA 13 FRESNO VA, PAUPERIS BE DENIED 14 Defendant. (ECF No. 2) 15 OBJECTIONS, IF ANY, DUE WITHIN 16 TWENTY-ONE DAYS 17 18 Plaintiff Bradford C. Strohmaier (“Plaintiff”) is proceeding pro se in this action. On 19 December 9, 2021, Plaintiff filed an application to proceed in forma pauperis. (ECF No. 2.) 20 According to Plaintiff’s application, Plaintiff has $140,000.00 in cash in his checking or 21 savings accounts. (Id.) Accordingly, the Court finds that Plaintiff can afford to pay the filing 22 fee for this action. Because Plaintiff can afford to pay the filing fee for this action, the Court 23 will recommend that Plaintiff’s application to proceed in forma pauperis be denied and that 24 Plaintiff be required to pay the filing fee of $402.00 for this action in full. 25 Based on the foregoing, IT IS HEREBY RECOMMENDED that: 26 1. Plaintiff’s application to proceed in forma pauperis (ECF No. 2) be DENIED; 27 and 28 /// 1 2. Plaintiff be directed to pay the $402.00 filing fee in full if he wants to proceed 2 with this action. 3 These findings and recommendations will be submitted to the United States district 4 || judge assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(1). Within 5 || twenty-one (21) days after being served with these findings and recommendations, Plaintiff 6 || may file written objections with the Court. The document should be captioned “Objections to 7 || Magistrate Judge’s Findings and Recommendations.” Plaintiff is advised that failure to file 8 || objections within the specified time may result in the waiver of rights on appeal. Wilkerson v. 9 || Wheeler, 772 F.3d 834, 838-39 (9th Cir. 2014) (citing Baxter v. Sullivan, 923 F.2d 1391, 1394 10 |} (9th Cir. 1991)). 11 IT IS SO ORDERED. ‘3 |! Dated: □ December 10, 2021 □□□ hey 14 UNITED STATES MAGISTRATE JUDGE 15 16 17 18 19 20 21 22 23 24 25 26 27 28