(PC) Hill v. Allison ( 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-0718-EFB P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 KATHLEEN ALLISON, 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 March 24, 2022. ECF No. 1. He has filed an in forma pauperis 19 application in which he states that he has no cash. ECF No. 5 at 3. However, his inmate trust 20 account statement, which was recently filed in three separate lawsuits initiated by plaintiff, 21 reflects that as of March 24, 2022, he had a balance of $3818.37.1 See Hill v. Lynch, No. 2:22-cv- 22 0342-JDP (E.D. Cal.), ECF No. 9; Hill v. Aggarwal, No. 2:22-cv-0571-WBS-DMC (E.D. Cal.), 23 ECF No. 7; see also Hill v. Hlaing, No. 2:22-cv-0357-KJM-DMC (E.D. Cal.), ECF No. 8. 24 The court may authorize the commencement of an action “without prepayment of fees or 25 security therefor” by an individual who submits an application evidencing an inability to pay such 26 fees or give security therefor. 28 U.S.C. § 1915(a). Plaintiff’s claim of inability to pay the filing 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 | fee in his application before the court is contradicted by his inmate trust account statement. It 2 || will therefore be recommended that the application to proceed in forma pauperis be denied and 3 | that plaintiff be required to pay the $402.00 before this action can proceed. 4 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court shall randomly 5 || assign a United States District Judge to this action. 6 IT IS FURTHER RECOMMENDED that: 7 1. Plaintiffs motion for leave to proceed in forma pauperis, ECF No. 5, be DENIED; 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: May 12, 2022. 19 □□ PDEA EDMUND F. BRENNAN 20 UNITED STATES MAGISTRATE JUDGE 21 22 23 24 25 26 27 28