(PC) Hill v. Torres ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON V. HILL, No. 2:22-cv-0970-KJM-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 M. TORRES, et al., 15 Defendants. 16 17 Plaintiff is a civil detainee proceeding without counsel in an action brought under 42 18 U.S.C. § 1983 pursuant to a complaint signed on April 28, 2022. ECF No. 1. He has filed an in 19 forma pauperis application in which he states that he has no cash. ECF No. 12 at 3. However, his 20 inmate trust account statement, which was recently filed in three separate lawsuits initiated by 21 plaintiff, reflects that approximately one month prior to signing the instant complaint, plaintiff 22 had a balance of $3,818.37.1 See Hill v. Lynch, No. 2:22-cv-0342-JDP (E.D. Cal.), ECF No. 9; 23 Hill v. Aggarwal, No. 2:22-cv-0571-WBS-DMC (E.D. Cal.), ECF No. 7; see also Hill v. Hlaing, 24 No. 2:22-cv-0357-KJM-DMC (E.D. Cal.), ECF No. 8. 25 The court may authorize the commencement of an action “without prepayment of fees or 26 security therefor” by an individual who submits an application evidencing an inability to pay such 27 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 28 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 || fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiffs claim of inability to pay the filing 2 || fee in his application before the court is contradicted by his inmate trust account statement. It 3 || will therefore be recommended that the application to proceed in forma pauperis be denied and 4 | that plaintiff be required to pay the $402.00 before this action can proceed. 5 Accordingly, IT IS RECOMMENDED that: 6 1. Plaintiffs motion for leave to proceed in forma pauperis, ECF No. 12, be DENIED; 7 || and 8 2. Plaintiff be ordered to pay the $402 filing fee within fourteen days from the date of any 9 || order adopting these findings and recommendations and be warned that failure to do so will result 10 || in the dismissal of this action. 11 These findings and recommendations are submitted to the United States District Judge 12 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 13 || after being served with these findings and recommendations, any party may file written 14 || objections with the court and serve a copy on all parties. Such a document should be captioned 15 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 16 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 17 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 18 | Dated: August 19, 2022. 20 EDMUND F. BRENNAN UNITED STATES MAGISTRATE JUDGE 22 23 24 25 26 27 28