(PC) Hill v. Qui ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 CYMEYON HILL, No. 2:22-cv-01821-EFB (PC) 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 SUZI QUI, 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 October 6, 2022. ECF No. 1. 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 September 20, 2022, he had a balance of $5221.90. ECF No. 21 6 at 1. 22 The court may authorize the commencement of an action “without prepayment of fees or 23 security therefor” by an individual who submits an application evidencing an inability to pay such 24 fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff’s claim of inability to pay the filing 25 fee in his application before the court is contradicted by his inmate trust account statement. It 26 will therefore be recommended that the application to proceed in forma pauperis be denied and 27 that plaintiff be required to pay the $402.00 before this action can proceed. 28 ///// ] Accordingly, IT IS ORDERED that the Clerk of the Court randomly assign a United 2 || States District Judge to this action. 3 Further, IT IS RECOMMENDED that: 4 1. Plaintiff's motion for leave to proceed in forma pauperis, ECF No. 2, be DENIED; and 5 2. Plaintiff be ordered to pay the $402 filing fee within fourteen days from the date of any 6 || order adopting these findings and recommendations and be warned that failure to do so will result 7 || in the dismissal of this action. 8 These findings and recommendations are submitted to the United States District Judge 9 || assigned to the case, pursuant to the provisions of 28 U.S.C. § 636(b)(1). Within fourteen days 10 || after being served with these findings and recommendations, any party may file written 11 || objections with the court and serve a copy on all parties. Such a document should be captioned 12 || “Objections to Magistrate Judge’s Findings and Recommendations.” Failure to file objections 13 || within the specified time may waive the right to appeal the District Court’s order. Turner v. 14 | Duncan, 158 F.3d 449, 455 (9th Cir. 1998); Martinez v. Yist, 951 F.2d 1153 (9th Cir. 1991). 15 || Dated: October 24, 2022. 16 7 bittel ADEM ~ EDMUND F. BRENNAN 18 UNITED STATES MAGISTRATE JUDGE 19 20 21 22 23 24 25 26 27 28