(PC) Camacho v. CMF Vacaville ( 2022 )

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LUIS CEJA CAMACHO, No. 2:22-cv-0608 AC P 12 Plaintiff, 13 v. ORDER AND FINDINGS AND RECOMMENDATIONS 14 CMF VACAVILLE, 15 Defendant. 16 17 Plaintiff, a state prisoner, is proceeding pro se with a civil rights action pursuant to 42 18 U.S.C. § 1983. Plaintiff has filed an in forma pauperis application in which he states that he has 19 cash in the amount of $4,226.21, a monthly gross income of $1,030.04, and monthly expenses of 20 $1,880.00. ECF No. 2. By order filed April 12, 2022, the court found that plaintiff had made an 21 inadequate showing of indigency and he was ordered to either pay the fee or explain why he 22 could not pay the fee within twenty-one days. ECF No. 6. Plaintiff was cautioned that failure to 23 explain why he could not pay the fee would result in a recommendation that the application to 24 proceed in forma pauperis be denied. Id. Twenty-one days have now passed, and plaintiff has 25 not paid the filing fee, explained why he cannot pay the fee, or otherwise responded to the order. 26 Accordingly, IT IS HEREBY ORDERED that the Clerk of the Court is directed to 27 randomly assign a United States District Judge to this action. 28 //// 1 IT IS FURTHER RECOMMENDED that: 2 1. Plaintiffs motion for leave to proceed in forma pauperis (ECF No. 2) be DENIED. 3 2. Plaintiff be given thirty days to pay the filing fee or face dismissal of the case. 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. Such a 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 may waive the right to appeal the District Court’s order. Martinez v. YIst, 951 F.2d 1153 10 | (9th Cir. 1991). 11 || DATED: May 17, 2022 ~ 12 Chthwen— Clare ALLISON CLAIRE 13 UNITED STATES MAGISTRATE JUDGE 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28