(PC) Fairchild v. Vang ( 2023 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 EASTERN DISTRICT OF CALIFORNIA 10 11 ARABELLA FAIRCHILD, 1:23-cv-00917-GSA-PC 12 Plaintiff, ORDER FOR CLERK TO RANDOMLY ASSIGN A UNITED STATES DISTRICT 13 vs. JUDGE TO THIS CASE, 14 VANG, et al., AND 15 Defendants. FINDINGS AND RECOMMENDATIONS, RECOMMENDING THAT PLAINTIFF’S 16 MOTION TO PROCEED IN FORMA PAUPERIS BE DENIED 17 (ECF No. 2.) 18 OBJECTIONS, IF ANY, DUE BY JULY 19 14, 2023 20 21 22 I. FINDINGS 23 Arabella Fairchild (“Plaintiff”) is a state prisoner proceeding pro se with this civil rights 24 action pursuant to 42 U.S.C. § 1983. On June 20, 2023, Plaintiff filed the Complaint commencing 25 this action, together with a motion to proceed in forma pauperis pursuant to 28 U.S.C. § 1915 26 and a certified copy of her prison trust account statement. (ECF Nos. 1, 2.) 27 Plaintiff’s prison trust account statement shows that on June 5, 2023, she had a balance 28 of $3,024.98 in the account. (ECF No. 2 at 5.) Under these facts, the court finds that Plaintiff 1 can afford the $402.00 filing fee for this action. Therefore, Plaintiff’s motion to proceed in forma 2 pauperis should be denied and Plaintiff should be required to pay the statutory filing fee of 3 $402.00 for this action in full. 4 II. RECOMMENDATIONS AND CONCLUSION 5 Based on the foregoing, IT IS HEREBY RECOMMENDED that: 6 1. Plaintiff’s motion to proceed in forma pauperis, filed on June 20, 2023, be 7 DENIED; and 8 2. Plaintiff be required to pay the $402.00 filing fee for this action in full within 30 9 days. 10 These findings and recommendations are submitted to the United States District Judge 11 assigned to the case, pursuant to the provisions of Title 28 U.S.C. § 636(b)(l). On or before 12 July 14, 2023, Plaintiff may file written objections with the court. Such a document should be 13 captioned “Objections to Magistrate Judge’s Findings and Recommendations.” Plaintiff is 14 advised that failure to file objections within the specified time may waive the right to appeal the 15 District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th Cir. 1991). 16 IT IS SO ORDERED. 17 18 Dated: June 23, 2023 /s/ Gary S. Austin UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28