(PC)Hill v. Ehelers ( 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-01468-TLN-EFB (PC) 12 Plaintiff, 13 v. FINDINGS AND RECOMMENDATIONS 14 EHELERS, 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 and filed on July 20, 2022. ECF No. 1-1 at 2. He has filed an in forma pauperis 19 application in which he states that he has no cash. ECF No. 2 at 2. However, his inmate trust 20 account statement reflects that as of July 1, 2022, he had a balance of $5328.29. ECF No. 4 at 2. 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’s claim of inability to pay the filing 24 fee in his application before the court is contradicted by his inmate trust account statement. It 25 will therefore be recommended that the application to proceed in forma pauperis be denied and 26 that plaintiff be required to pay the $402.00 before this action can proceed. 27 ///// 28 ///// ] Accordingly, IT IS RECOMMENDED that: 2 1. Plaintiff's motion for leave to proceed in forma pauperis, ECF No. 2, be DENIED; and 3 2. Plaintiff be ordered to pay the $402 filing fee within fourteen days from the date of any 4 || order adopting these findings and recommendations and be warned that failure to do so will result 5 || in the dismissal of this action. 6 These findings and recommendations are submitted to the United States District Judge 7 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 8 | after being served with these findings and recommendations, any party may file written 9 || objections with the court and serve a copy on all parties. Such a document should be captioned 10 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 11 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 12 || Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 13 || Dated: September 21, 2022. 14 □□ PDEA EDMUND F. BRENNAN 15 UNITED STATES MAGISTRATE JUDGE 16 17 18 19 20 21 22 23 24 25 26 27 28