(PC) Cross v. Covello ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 QUINTIN R. CROSS, No. 2:23-cv-0336 CKD P 12 Plaintiff, 13 v. ORDER AND 14 PATRICK COVELLO, et al., FINDINGS AND RECOMMENDATIONS 15 Defendants. 16 17 Plaintiff is a state prisoner proceeding pro se and seeking relief pursuant to 42 U.S.C. § 18 1983. This proceeding was referred to this court by Local Rule 302 pursuant to 28 U.S.C. § 19 636(b)(1). 20 Plaintiff requests leave to proceed in forma pauperis. After reviewing plaintiff’s request 21 and plaintiff’s California Department of Corrections and Rehabilitation trust account statement, 22 which reveals a current balance of approximately $3,250, the court finds that plaintiff has not 23 made the showing required by 28 U.S.C. § 1915(a) that he cannot presently afford the filing fees 24 for this action. Therefore, the court will recommend that plaintiff’s request for leave to proceed 25 in forma pauperis be denied and that he be ordered to pay the filing fee. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court assign a district 27 court judge to this case. 28 ///// 1 IT IS HEREBY RECOMMENDED that: 2 1. Plaintiff's motion to proceed in forma pauperis (ECF No. 2) be denied; and 3 2. Plaintiff be ordered to pay the $402 filing fee. 4 These findings and recommendations are submitted to the United States District Judge 5 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 6 || after being served with these findings and recommendations, plaintiff may file written objections 7 || with the court. The document should be captioned “Objections to Magistrate Judge’s Findings 8 | and Recommendations.” Plaintiff is advised that failure to file objections within the specified 9 || time waives the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 (9th 10 | Cir. 1991). 11 || Dated: March 2, 2023 fed) / dha MIG f- A. "2 CAROLYNK.DELANEY 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 | 1 cros0336..ifp.den 17 18 19 20 21 22 23 24 25 26 27 28